Article 38 The people’s governments at or above the county level shall make overall arrangements for the construction of facilities for the collection, transportation and disposal of domestic garbage in urban and rural areas, improve the utilization rate and harmless disposal rate of domestic garbage, promote the industrial development of domestic garbage collection and disposal, and gradually establish and improve the social service system for the prevention and control of environmental pollution by domestic garbage.
[Interpretation] This article is about the responsibility of the people’s governments at or above the county level to prevent and control environmental pollution caused by domestic garbage.
First, the basic situation of domestic waste generation and disposal in China
China has a large population, high density, low and uneven economic development level and weak infrastructure construction. Therefore, although the per capita domestic waste in China is less than that in developed countries, the total amount is large, the level of reduction, resource utilization and harmlessness is relatively low, and the garbage is seriously harmful. In terms of municipal solid waste, according to statistics, China produces about 150 million tons of municipal solid waste every year, and it is still increasing at a rate of more than 4% every year. Most of these wastes are directly dumped or simply landfilled, and the level of harmless disposal is very low. At present, organic components account for 60% of the total amount of municipal solid waste in China, and inorganic substances account for about 40%, of which waste paper and recyclables such as plastics, glass, metals and fabrics account for about 20% of the total amount. Compared with the previous garbage, there are two prominent characteristics of domestic garbage in China at present. First, due to the continuous improvement of urban gasification rate, the ash content in domestic garbage is greatly reduced, and the organic matter content and calorific value of garbage are increased, which is beneficial to garbage composting and garbage incineration for power generation. However, the proportion of kitchen waste in garbage is still large, which leads to the high water content in garbage, which affects the calorific value of garbage and is not conducive to the classified recovery and disposal of garbage. Second, the amount of packaging waste in China’s urban domestic waste is growing rapidly, and most of waste paper, metal, glass, plastic and so on are discarded packaging materials after use. With the development of economy, there are more and more forms of commodity packaging, and the types and quantities of packaging materials increase rapidly.Products that are packaged with composite materials, over-packaged and luxury packaged are everywhere, especially in big cities. At present, China’s packaging waste accounts for more than 10% of urban domestic waste, and its volume should constitute more than 30% of domestic waste. It can be seen that the control of packaging is of great significance for waste reduction and recycling. In this regard, Article 18 of this Law has made provisions.
The disposal of municipal solid waste in China started in the late 1980s. Before 1990, the national urban garbage disposal rate was less than 2%. Since the 1990s, especially since 1998, the investment in the construction of sanitation facilities in China has been increasing, and the disposal level of municipal solid waste has also been improved. By 2002, China had built 651 domestic waste disposal plants (fields) with a disposal capacity of 76.88 million tons. There are 528 landfills with a disposal capacity of 68.96 million tons, accounting for 81.1% and 89.7% respectively. Secondly, compost, with disposal facilities accounting for about 12% and disposal capacity accounting for about 6.7%; Waste incineration plants account for 6.9%, and the disposal capacity accounts for about 3.6%. From the actual situation, there are three main ways to dispose of domestic garbage in China at present. One is landfill. This is the most important disposal method of urban domestic waste in China at present, and it will occupy the leading position in garbage disposal for a long time to come. In recent years, many big cities in China are building or have built large-scale or even super-large sanitary landfills. Generally speaking, these landfills have adopted the technical requirements that are in line with those of developed countries, and the operation of landfills is also at a fairly high level. However, there are still a considerable number of garbage dumps, which have not been built and managed according to the requirements of sanitary landfills in terms of site selection, design and operation due to historical reasons.There are serious environmental problems. The advantages of landfill method are less investment, large capacity and quick effect, but the disadvantages are continuous occupation of land, short use time (generally about ten years), waste of recyclable resources in garbage, and environmental problems left over. The second is incineration. It is estimated that in the next 10 years, the incineration of municipal solid waste in China will account for 5-11% of the total disposal. Incineration is a widely used method in developed countries at present, which can reduce the volume of domestic waste by 9/10, reduce the landfill area, and recover heat energy for utilization. Its disadvantage is that the construction requires a lot of investment, which may cause air pollution, especially some incinerators with incineration temperature below 1200 degrees may release toxic gases such as dioxins. In addition, incineration will also make some valuable components lose, resulting in a waste of resources, ash and slag emissions are also relatively large, and some also contain concentrated toxic substances, which will pollute groundwater and soil if improperly disposed. The third is composting. The main domestic wastes that can be used for composting are kitchen waste and fallen leaves. In the composition of municipal solid waste (MSW) in China, kitchen wastes account for a large proportion, which is more suitable for composting. Up to now, low-cost composting system is mainly used for composting disposal in China, and most garbage composting disposal sites use open static composting. In recent two years, some small-scale dynamic high-temperature composting equipment has been introduced and developed in some places, which is specially used to dispose of kitchen waste in units or communities and produce high-quality organic fertilizers, with good results.The advantages of composting method are small area, low investment and good economic and environmental benefits. The disadvantage is that the stench generated by garbage compost will affect the surrounding environment, and the garbage containing glass and other debris may affect the quality of compost, and the compost may produce heavy metal elements or other harmful substances.
Second, the main contents of this article
China should realize the target management system of sustainable development of domestic waste, that is, from simple garbage collection, transportation and disposal to garbage reduction, recycling and harmless management, taking into account resource conservation, comprehensive recycling and pollution prevention. This is a very large, complex and comprehensive system project, which should be arranged at the same time and promoted mutually, and cannot be neglected. The prevention and control of environmental pollution by domestic garbage is closely related to the control of water pollution and air pollution, ecological construction and the protection of natural resources, and all sectors of the national economy and all aspects of social life. To this end, this article stipulates that the people’s governments at or above the county level shall:
1 overall arrangements for the construction of urban and rural domestic waste collection, transportation and disposal facilities. To solve the problem of environmental pollution caused by domestic garbage, we must first have perfect collection, transportation and disposal facilities. Since domestic garbage is generated in people’s daily life and scattered around residents, it is crucial to build scientific classified collection facilities through appropriate methods, and then transport them to centralized disposal sites or recycle them through transportation facilities. Considering the social public welfare of domestic waste collection, transportation and disposal, it belongs to the category of social public affairs. The government at or above the county level has legal responsibilities. Under the guidance of urban and rural master planning and environmental protection planning, it should formulate professional plans related to domestic waste collection, transportation and disposal, reasonably determine the layout and scale of domestic waste pollution prevention facilities, and make overall arrangements for construction. In addition, it should be noted that this responsibility stipulated in this article is aimed at all domestic garbage, that is, governments at all levels should coordinate the development of urban and rural areas according to the requirements of Scientific Outlook on Development, bring both urban and rural domestic garbage into the management track, and reasonably arrange the construction of collection, transportation and disposal facilities for urban and rural domestic garbage from the actual situation in the region.
2. Improve the utilization rate and harmless disposal rate of domestic garbage. Many domestic wastes are recyclable resources. According to the requirements of recycling solid wastes, governments at all levels should actively take measures to effectively improve the utilization rate of domestic wastes. Specific measures include: implementing preferential policies to encourage and support enterprises to actively carry out comprehensive recycling of domestic garbage; Strict management, do a good job in the recycling and recycling of waste domestic garbage; Establish and improve the management system to promote the comprehensive recycling of domestic waste; Establish a reward and punishment system for comprehensive utilization of domestic waste. At the same time, governments at all levels can also implement economic and technological policies that are conducive to the development and popularization of technology for comprehensive utilization of resources, and publish national technology-oriented catalogues for comprehensive utilization of resources from time to time. For mature technologies with broad application prospects, we should actively arrange demonstration projects, gradually realize industrialization, cultivate and develop the technology market, carry out technical consultation and information services, and promote the transfer and popularization of scientific and technological achievements. In addition, the final disposal of domestic garbage must strictly implement the requirements of harmlessness. Governments at all levels should actively take measures to speed up the construction of domestic waste disposal facilities, and rationally choose sanitary landfill, incineration or composting disposal methods according to the principles of adapting to local conditions, feasible technology, reliable equipment, moderate scale and comprehensive management and utilization. In areas with suitable sanitary landfill resources and natural conditions, sanitary landfill is the basic scheme of garbage disposal;Incineration disposal technology can be developed in economically developed areas, areas where the average low calorific value of furnace garbage is higher than 5000 kcal/kg and there is a lack of sanitary landfill resources; Garbage with biodegradable organic matter content greater than 40% should be encouraged to be composted at high temperature on the basis of garbage classification and collection. Advocate the adoption of comprehensive disposal methods. At the same time, the construction of garbage disposal facilities should be carried out in strict accordance with the requirements of capital construction procedures and environmental impact assessment, and the acceptance of garbage disposal facilities and the supervision of pollution discharge during the operation of garbage disposal facilities should be strengthened to prevent environmental pollution.
3. Promote the industrial development of domestic waste collection and disposal. One of the important reasons for the backwardness of domestic waste collection and disposal in China is the lack of a perfect operating mechanism of the waste disposal market. At present, the investment channel in the field of domestic waste collection and disposal is single, and the operation lacks competition, so it is impossible to play the role of market mechanism in optimizing resource allocation and improving operational efficiency in this field, resulting in the slow development of industrialization of domestic waste collection and disposal, which seriously restricts the development of environmental pollution prevention and control in China. Therefore, governments at all levels should take measures to encourage all sectors of society to actively participate in waste reduction, classified collection and recycling, and encourage the diversification of investment in the construction of waste disposal facilities, marketization of operation, standardization of equipment and automation of monitoring, so that the collection and disposal of domestic waste can be industrialized.
4. Gradually establish and improve the social service system for the prevention and control of environmental pollution by domestic garbage. The prevention and control of environmental pollution by domestic garbage is a highly comprehensive systematic project. To realize the reduction, recycling and harmlessness of domestic garbage, we must establish a well-functioning social service system, implement the concept of circular economy from all aspects, and promote the smooth development of environmental pollution prevention and control by domestic garbage. For example, to change the urban fuel structure and reduce the amount of coal ash and garbage, a large number of social service institutions and personnel are needed. If we want to organize the listing of clean vegetables and reduce the amount of kitchen waste, we also need the support of a series of social service organizations such as vegetable farmers, supermarkets and packaging enterprises. From the actual situation, the relevant social service system is very important to prevent and control the environmental pollution caused by domestic garbage. Governments at all levels must make overall considerations and overall arrangements, and gradually establish and improve them. The Regulations on the Management of City Appearance and Environmental Sanitation formulated by the State Council in 1992 also stipulates that environmental sanitation management should gradually implement socialized services, and environmental sanitation service companies should be established in cities where conditions permit.
Article 39 The competent administrative department of environmental sanitation of the local people’s government at or above the county level shall organize the cleaning, collection, transportation and disposal of municipal solid waste, and may select qualified units to engage in the cleaning, collection, transportation and disposal of municipal solid waste through bidding.
[Interpretation] This article is a regulation on the responsibility of the competent administrative department of environmental sanitation to organize the cleaning, collection, transportation and disposal of municipal solid waste.
First, the main problems existing in the cleaning, collection, transportation and disposal of municipal solid waste in China
At present, the collection and transportation methods of municipal solid waste in China are basically mixed collection and transportation. Although garbage bins for classified collection have been set up in the streets and residential areas of some cities, the classified garbage can not be transported because of the low level of professional operation of garbage disposal, which leads to the mixed removal and disposal of the classified garbage. Mixed collection and transportation not only bring difficulties to garbage disposal, but also can not improve the level of garbage resource utilization. In addition, there is a common problem in garbage transportation that garbage is scattered during transportation because the transportation vehicles are not sealed or poorly sealed, which causes domestic garbage to pollute the environment. Compared with developed countries, the management level of municipal solid waste in China is still very low. The main manifestations are that dumping and random stacking of garbage are widespread, the comprehensive utilization and resource utilization of garbage are low, and the secondary pollution of garbage disposal is quite common. In terms of municipal solid waste disposal, the main problems are: firstly, the disposal facilities are seriously insufficient and the disposal capacity is limited, which can not meet the needs; Second, the disposal method is single, and the landfill disposal capacity accounts for 89% of the total disposal capacity, and the comprehensive utilization of garbage has not been paid due attention; Third, the disposal technology level is low, and the disposal facilities do not meet the requirements of environmental protection, resulting in new secondary pollution sources. According to the statistical bulletin of national economic and social development in 2003, the harmless disposal rate of municipal solid waste in China is 58%, but according to the Ministry of Construction’s survey of 255 cities (counties) in 22 provinces (autonomous regions and municipalities directly under the Central Government)By the end of 2003, the harmless disposal rate of domestic garbage in a strict sense can only reach about 25%. In terms of landfill, except for the newly-built landfill, most landfills have serious problems in seepage prevention and the collection and disposal of leachate and gas due to congenital deficiency. The direct discharge of leachate and gas leads to water and air pollution around the landfill, and methane gas outburst also causes casualties from time to time. In terms of garbage incineration, small incinerators are used in some places. Due to insufficient combustion temperature and no effective flue gas disposal system, the flue gas emission cannot meet the standard, and even toxic gases such as dioxins are produced, which seriously pollutes the environment. The reasons for the above problems are mainly several aspects. First, there is a shortage of investment and funds; Second, technology and equipment are backward; Third, the management level is low. On the whole, the current garbage management system in China is still the product of the planned economy era. Most sanitation enterprises belong to fully funded institutions, lacking competition, high operating cost, low efficiency and heavy burden on enterprises. In addition, China lacks a perfect operating mechanism of the garbage disposal market. Due to the management mode of separating government from enterprises in the field of sanitation, it is difficult for other enterprises and capital to introduce people into this field. As a result, the investment channel is single, the operation lacks competition, and the market mechanism cannot play its role in optimizing resource allocation and improving operational efficiency in this field.
To fundamentally solve the above problems, it is necessary to establish a management system of municipal solid waste that is compatible with the socialist market economy, and build a management model of unified planning and budgeting by the government, supervision by environmental protection departments, management by environmental sanitation departments, and socialized services provided by professional companies. First of all, it is necessary to realize the separation of government from enterprises, separate the garbage removal and disposal units from government departments, and change the management system of public institutions into the management system of enterprises. On the basis of separating government from enterprise, open the market, introduce competition mechanism and specialized operation mechanism, and encourage various professional companies to participate in urban waste treatment by implementing the franchise system of urban waste, so as to improve service quality and reduce operating costs. The government purchases the services of enterprises by signing agreements, and at the same time supervises and manages enterprises through agreements and regulations. At present, many cities, such as Shenzhen and Shanghai, are trying to reform the sanitation system of separating administration from enterprises, strengthen the macro-management and supervision functions of the government, and turn sanitation services into enterprises and socialization. In 1984, Shenzhen took the lead in setting up the first professional cleaning company in China to provide all-round paid services to the society. Then, with the formation and development of the clean market, 40 state-owned, collective, joint venture and individual cleaning companies came into being in Shenzhen. They implemented enterprise management, were responsible for their own profits and losses, operated flexibly, and constantly expanded new projects to meet the needs of different levels of society and promoted the development of sanitation through competition.Breaking the pattern of "single-handedness" that was monopolized by the government in the past has greatly reduced the burden on the government. By implementing the labor contract system, the sanitation management department reduced the proportion of fixed workers and contracted out the increasing tasks of garbage cleaning and removal to cleaning companies, which saved a lot of staffing and expenses for the country and effectively promoted the development of environmental pollution prevention and control by domestic garbage.
Second, the main contents of this article
1. The responsibilities stipulated in this article shall be the responsibility of the environmental sanitation administrative department of the local people’s government at or above the county level. Paragraph 3 of Article 10 of this Law stipulates that the administrative department of construction in the State Council and the administrative department of environmental sanitation in the local people’s government at or above the county level shall be responsible for the supervision and management of the cleaning, collection, storage, transportation and disposal of domestic garbage, and the duties stipulated in this article also belong to the scope of supervision and management. Considering that the cleaning, collection, transportation and disposal of municipal solid waste belong to specific work, it should be the responsibility of the local environmental sanitation administrative department.
2. The local environmental sanitation administrative department at or above the county level shall organize the cleaning, collection, transportation and disposal of municipal solid waste. The so-called organization means that the competent administrative department of environmental sanitation is not engaged in the cleaning and collection of domestic garbage by itself, but by providing funds, formulating policies, strengthening management and other measures, giving play to the role of relevant enterprises, units and personnel, mobilizing the enthusiasm of all parties, and jointly doing a good job in the cleaning and collection of urban domestic garbage. Those who are specifically engaged in the cleaning, collection, transportation and disposal of municipal solid waste are not local environmental sanitation administrative departments at or above the county level, but relevant companies or personnel. These companies or personnel are specifically responsible for the relevant work under the organization of the environmental sanitation administrative department and accept the supervision and management of the environmental sanitation administrative department. This is also an inevitable requirement for sanitation work to separate government from enterprises, establish a market-oriented operation mechanism and accelerate the development of related industries.
3. The competent administrative department of environmental sanitation of the local people’s government at or above the county level may select qualified units to engage in the cleaning, collection, transportation and disposal of domestic garbage through bidding. Where the local environmental sanitation administrative department at or above the county level organizes the cleaning of municipal solid waste, it also includes the selection of units by means of bidding. In other words, it is only a form of "organization" mentioned above to select qualified units to engage in the cleaning, collection, transportation and disposal of municipal solid waste through bidding. Now that the "organization" has been clearly defined, there is generally no need to stipulate a specific organizational form. However, the cleaning, collection and transportation of municipal solid waste belong to municipal public utilities. According to China’s current policy, municipal public utilities should generally be franchised. The state encourages social funds and foreign capital to take various forms such as sole proprietorship, joint venture and cooperation to participate in the construction of municipal public facilities and form a diversified investment structure. For the construction of municipal public facilities such as garbage disposal, we should openly invite public tenders to select investment subjects, and the government will authorize franchising. Therefore, in order to further clarify this mode of operation in the law, and at the same time take into account the social public welfare of public utilities such as cleaning and disposal of municipal solid waste, the principles of openness, fairness, impartiality, honesty and credibility that must be adhered to in bidding are emphasized.This article specifically provides that the environmental sanitation administrative department of the local people’s government at or above the county level can select qualified units to engage in the cleaning, collection, transportation and disposal of domestic garbage through bidding, and also leaves legal space for the operation mode of franchising. Accordingly, the environmental sanitation administrative department of the local government at or above the county level shall, in accordance with the relevant provisions of the Bidding Law, determine qualified units to engage in the cleaning and disposal of municipal solid waste through bidding. In 2004, the Ministry of Construction formulated the Measures for the Management of Municipal Public Utilities Franchise, which made specific provisions on the franchise of municipal solid waste disposal. According to this method, those who participate in the bidding for franchise rights should meet the following conditions: an enterprise legal person registered according to law; Having corresponding registered capital, facilities and equipment; Having good bank credit standing, financial status and corresponding solvency; Have corresponding working experience and good performance; Having a corresponding number of personnel in key positions such as technology, finance and management; Having a feasible business plan; Other conditions stipulated by local laws and regulations. The competent department shall select investors or operators in accordance with the following procedures: (1) Propose a municipal public utility franchise project, report it to the people’s government of the municipality directly under the central government, city or county for approval, publicly announce the tender conditions to the public and accept the tender; (two) according to the bidding conditions, the bidders of the franchise rights shall be qualified and pre-examined, and qualified bidding candidates shall be recommended; (3) Organizing a review committee to conduct review according to law, and after questioning and public defense,Select the object of franchise right award on the basis of merit; (four) to publicize the results of winning the bid to the public for not less than 20 days; (five) after the expiration of the publicity period, if there is no objection to the winning bidder, the franchise agreement shall be signed with the winning bidder with the approval of the people’s government of the municipality directly under the central government, city or county. The franchise period shall be determined according to the characteristics of the industry, scale, mode of operation and other factors, and shall not exceed 30 years at the longest.
There are several points that need to be explained: First, at present, the operator is determined by bidding in China, mainly related to the disposal of domestic garbage. The provisions of this article are applicable to the cleaning, collection, transportation and disposal of municipal solid waste. Therefore, in the future, if conditions permit, whether it is cleaning, collection or transportation of municipal solid waste, the operator can be determined by bidding as well as disposal; Second, determining the operator through bidding is not exactly the same as franchising. China’s current franchise system is mainly applicable to domestic waste disposal enterprises. As for other operators, such as domestic waste cleaning and transportation, whether it is necessary to franchise can be determined by the environmental sanitation administrative department according to the actual situation, and the law does not make mandatory provisions; Third, it is not compulsory for the local environmental sanitation administrative departments at or above the county level to determine the operators through bidding. According to the provisions of this article, the relevant environmental sanitation administrative departments can determine the operators through bidding. If the conditions in the local area are not yet available, the relevant departments can organize the cleaning and collection of domestic garbage without bidding. Fourth, bidding is only one way to determine the operators, not all, and the competent administrative department of environmental sanitation can determine the operators by other means. Of course, no matter which method is adopted, it should comply with the provisions of relevant national laws and regulations.In line with the long-term development policies of the state on the cleaning and disposal of municipal solid waste, it should be determined from the perspective of being conducive to the prevention and control of environmental pollution by municipal solid waste and combining with local actual conditions; Fifth, operators determined by means of bidding must meet the conditions stipulated by relevant laws and regulations. If they fail to meet the conditions, they shall not be granted the right to operate without authorization.
Article 40 Municipal solid waste shall be placed in designated places in accordance with the provisions of the competent administrative department of environmental sanitation, and shall not be dumped, scattered or piled up at will.
[Interpretation] This article is about the stipulation that municipal solid waste shall not be dumped, scattered or piled up at will.
Municipal solid waste (MSW) refers to the solid waste generated by units and residents in the city in their daily life or activities providing services for daily life. It is estimated that China produces about 150 million tons of municipal solid waste every year, and it is increasing at a rate of more than 4% every year. By the end of 2001, the amount of garbage in cities over the years was as high as 6.6 billion tons, occupying more than 3.5 billion square meters of land. Two-thirds of large and medium-sized cities were surrounded by garbage, and a quarter of cities had to extend the way to solve the garbage crisis to the countryside. To this end, this article stipulates that any unit or individual in the city shall place the municipal solid waste at the designated place according to the regulations of the competent administrative department of environmental sanitation, and shall not dump, scatter or pile it up at will. The term "placing in the designated place" here refers to placing in the facilities, equipment or places for collecting municipal solid waste set up or designated by the competent administrative department of environmental sanitation. For example, on both sides of urban streets, residential areas or crowded areas, there are many closed garbage containers, garbage bins and other facilities, and urban residents should put domestic garbage in these containers and not throw it around at will. The Regulations on the Administration of City Appearance and Environmental Sanitation issued by the State Council in June, 1992 stipulates that all units and individuals should dump garbage and feces at the time, place and manner specified by the administrative department of city appearance and environmental sanitation of the people’s government of the city.In August 1993, the Ministry of Construction formulated the Measures for the Administration of Urban Domestic Waste, which also stipulated that urban residents must pour domestic waste into garbage containers or designated domestic waste places according to the local location, time and other requirements. In areas where urban domestic garbage is classified and collected in bags, domestic garbage shall be put into corresponding garbage bags and put into garbage containers or designated domestic garbage places according to the classification requirements stipulated by the local authorities. Large pieces of waste such as waste furniture shall be placed in the designated collection place at the specified time, and shall not be placed at will. All units and residents in the city shall maintain environmental sanitation, abide by relevant local regulations, and shall not dump or litter. This is consistent with the provisions of this article.
Dumping as mentioned in this article refers to turning the container upside down or tilting it to let the domestic garbage out; Throwing refers to throwing out domestic garbage to make it scattered; Stacking refers to putting domestic garbage together in piles without disposal. These kinds of behaviors are not allowed. In addition, the provisions of this article apply to all units or residents in the city, but not only to units and residents who have urban hukou or permanent residence, or who have settled in the city. Because municipal solid waste (MSW) is a localized concept, all MSW within the city scope belongs to MSW. Even if the person who produces garbage comes from the countryside, or a certain kind of garbage was originally produced in the countryside, as long as the garbage is brought into the city, the management regulations of urban domestic garbage should be observed. For example, if a farmer goes to work in the city, the mineral water bottles he carries with him should be regarded as municipal solid waste and should be placed in a designated place. Of course, even in rural areas, domestic garbage should not be littered at will, but due to various conditions, it is difficult to achieve unified management measures for rural domestic garbage and urban domestic garbage at present. Therefore, the provisions of this article only apply to municipal solid waste. According to Article 49 of this Law, local laws and regulations have been authorized to make specific provisions on domestic garbage in rural areas. Anyone who violates the provisions of this article shall be investigated for legal responsibility in accordance with Article 74 of this Law.
Forty-first cleaning, collection, transportation and disposal of municipal solid waste shall comply with the relevant provisions of the state on environmental protection and environmental sanitation management to prevent environmental pollution.
[Interpretation] This article is about cleaning, collecting, transporting and disposing of municipal solid waste to prevent environmental pollution.
Article 40 of this law has stipulated the contents of municipal solid waste to be placed in designated places. The provisions of this article are aimed at the activities of cleaning, collection, transportation and disposal of municipal solid waste. Cleaning refers to the comprehensive and thorough cleaning of municipal solid waste; Collection refers to gathering scattered domestic garbage together; Transportation refers to the transportation of domestic garbage from one place to another by means of transportation; Disposal refers to activities that conform to the provisions of Item 6 of Article 88 of this Law. Those who engage in the above activities shall abide by the relevant state regulations on environmental protection and environmental sanitation management to prevent environmental pollution. The relevant provisions of the state may cover the conditions of units engaged in the activities of cleaning, collection, transportation and disposal of municipal solid waste, as well as the requirements or standards for cleaning, collection, transportation and disposal of municipal solid waste. For example, in the Provisions on the Conditions for Incorporating the Fifteen Administrative Licenses Decided by the State Council in 2004, the Ministry of Construction stipulated the approval conditions for engaging in the cleaning, collection, transportation and treatment services of municipal solid waste: the approval conditions for engaging in the cleaning, collection and transportation services of municipal solid waste include: (1) The applicant must be an enterprise legal person registered according to law, and the registered capital of the enterprise engaged in garbage cleaning and collection is not less than RMB 1 million, and engaged in garbage. (2)The mechanical cleaning capacity reaches more than 20% of the total cleaning capacity, and the mechanical cleaning vehicles include sprinklers and cleaning vehicles. Mechanical cleaning vehicles should have the functions of automatic sprinkling, dust prevention, spill prevention and safety warning, and install a vehicle driving and cleaning process recorder; (3) The garbage collection shall adopt fully enclosed means of transport, and shall have the function of classified collection; (4) Garbage transportation should adopt fully enclosed automatic unloading vehicles or ships, which have the functions of preventing odor diffusion, spillage and leakage, and install driving and loading and unloading recorders; (5) It has a sound technology, quality, safety and monitoring management system and has been effectively implemented; (6) Having a legal road transport business license and vehicle driving license; (7) Having a fixed office and parking place for machinery, equipment, vehicles and ships. The examination and approval conditions for engaging in municipal solid waste treatment services include: (1) the applicant is an enterprise legal person registered according to law, and the registered capital of sanitary landfills and composting plants with a scale of less than 100 tons/day is not less than RMB 5 million, the registered capital of sanitary landfills and composting plants with a scale of more than 100 tons/day is not less than RMB 50 million, and the registered capital of incineration plants is not less than RMB 100 million; (2) The site selection of sanitary landfill, composting plant and incineration plant conforms to urban and rural planning, and planning permission documents have been obtained; (3) There shall be at least five personnel with professional and technical titles above junior level, including technical personnel in environmental engineering, machinery and environmental monitoring. The technical director has more than 5 years working experience in garbage disposal.And have intermediate or above professional and technical titles; (4) The municipal solid waste transfer and disposal unit has perfect management systems in terms of process operation, equipment management, environmental monitoring and protection, financial management, production safety, measurement and statistics, etc. and has been effectively implemented; (5) Domestic waste treatment facilities are equipped with biogas detection instruments, environmental monitoring facilities such as leachate monitoring wells and tail gas sampling holes, online monitoring systems and other monitoring equipment, and connected with the competent administrative department of environmental sanitation; (6) It has a perfect technical scheme for the utilization and treatment of leachate and biogas of domestic garbage, a scheme for the partition landfill of different garbage in the sanitary landfill, and a scheme for the treatment and discharge of leachate, biogas, incineration flue gas, residue and other treatment residues that meet the standards; (7) There are plans to control pollution and emergencies. For another example, administrative regulations such as Regulations on the Administration of Urban Appearance and Environmental Sanitation, Measures for the Administration of Urban Domestic Waste and other regulations, as well as the Technical Policy for the Treatment and Pollution Prevention of Urban Domestic Waste, the Pollution Control Standard for Domestic Waste Incineration and the Pollution Control Standard for Domestic Waste Landfill issued by the Ministry of Construction, the State Environmental Protection Administration and the Ministry of Science and Technology in 2000 have clearly stipulated the requirements for the prevention and control of environmental pollution caused by domestic waste. Take the Measures for the Administration of Municipal Domestic Waste as an example, which stipulates that domestic waste transport vehicles must be sealed, cleaned frequently, kept clean, hygienic and in good condition, and must not be scattered or omitted during transportation. The above provisions, engaged in domestic garbage cleaning, collection, transportation and disposal, must be observed.
Forty-second of the city life garbage should be cleaned up and transported in time, and gradually classified collection and transportation, and actively carry out rational utilization and implementation of harmless disposal.
[Interpretation] This article is about the requirements for the removal, collection, transportation, utilization and disposal of municipal solid waste.
First, the city life garbage should be removed in time.
In this section, a very important amendment to the provisions on the prevention and control of environmental pollution by domestic garbage is to delete the contents of urban domestic garbage storage stipulated in the original law, and to require all urban domestic garbage to be removed in time, and in principle, storage is not allowed. The reason for this modification is mainly considering the characteristics of municipal solid waste itself. Municipal solid waste (MSW) is generated from daily life and scattered in the daily life of urban residents, which directly affects the living environment around residents. Long-term stacking not only causes environmental pollution, but also harms the health of urban residents. Therefore, it should be removed in time. The so-called timely removal, from another point of view, means that urban domestic garbage is not allowed to be piled up at will. We should use the relevant recycling, transportation and utilization networks to remove all types of urban domestic garbage to disposal sites in time, or recycle them to prevent environmental pollution.
Two, city life garbage should be gradually classified collection and transportation.
At present, the collection and transportation methods of municipal solid waste in China are basically mixed collection and transportation. The environmental pollution caused by the collection and transportation of municipal solid waste is more prominent. We should fully realize that classified collection and transportation are the key factors to improve the waste recovery rate and the level of waste recycling, especially it is very important to separate kitchen waste with high water content from other wastes and toxic waste from general garbage. In the whole process of municipal solid waste management, garbage collection and transportation is a link that consumes the most manpower and material resources, and it is also the link that best reflects the level of urban management. There are defects in this link, so the garbage can not be removed in time and thoroughly, which directly affects public health. In order to solve this problem, this article stipulates that municipal solid waste should be collected and transported by classification step by step, so as to realize garbage classification at the source and reduce the cost of final disposal and recycling. All cities should actively carry out this work, and combine the classified collection and classified disposal of garbage, and classify it according to the disposal methods. Garbage collection and transportation should be sealed to prevent exposure, scattering and dripping. Encourage the use of compressed collection and transportation methods, and eliminate open collection and transportation methods as soon as possible. At the same time, hazardous wastes should be prohibited from entering domestic garbage, and an independent system should be gradually established to collect, transport and dispose of hazardous wastes generated in daily life, such as waste batteries, fluorescent tubes and pesticide containers.
Three, city life garbage should actively carry out rational utilization and implementation of harmless disposal.
At present, the main problems existing in the disposal of municipal solid waste in China are serious shortage of disposal facilities, single disposal method and low technical level. To solve these problems, the first thing is to strengthen the recycling of municipal solid waste. If it cannot be recycled, measures should be taken for harmless disposal to prevent environmental pollution. Cities should actively develop comprehensive utilization technology, encourage the recycling of waste paper, scrap metal, waste glass and waste plastics, and gradually establish and improve the recycling network of waste materials. It is necessary to encourage the utilization of waste heat from domestic waste incineration and the recycling of landfill gas, as well as the high-temperature composting and anaerobic digestion of organic waste to produce biogas. In the process of recycling and comprehensive utilization of municipal solid waste, secondary pollution should be avoided and controlled. In the aspect of harmless disposal, we should distinguish different conditions, adopt different disposal technologies such as sanitary landfill, incineration and composting, and strictly abide by the relevant national environmental protection and environmental sanitation standards, such as the Pollution Control Standard for Domestic Waste Incineration and the Pollution Control Standard for Domestic Waste Landfill.
Article 43 The people’s governments of cities should improve the fuel structure in a planned way and develop urban gas, natural gas, liquefied gas and other clean energy sources.
The relevant departments of the city people’s government shall organize clean vegetables to enter the city to reduce the municipal solid waste.
The relevant departments of the people’s government of the city shall make overall planning, reasonably arrange the purchase outlets, and promote the recycling of domestic garbage.
[Interpretation] This article is about the provisions of the city people’s government and its relevant departments to improve the fuel structure, organize clean vegetables to enter the city, and make overall plans to arrange garbage purchase outlets.
In accordance with the provisions of the first paragraph of Article 4 of this Law, the people’s governments at or above the county level shall adopt economic and technical policies and measures conducive to the prevention and control of environmental pollution by solid waste, and perform their duties in the prevention and control of environmental pollution by municipal solid waste. This article is a further stipulation on the responsibilities of the city government on several specific issues. The cities referred to here refer to municipalities directly under the central government, cities and towns established by the state according to the administrative system. The provisions of this article, the city people’s government and its relevant departments shall do the following work:
First, improve the fuel structure and develop clean energy
At present, inorganic matter accounts for about 40% of municipal solid waste in China. A considerable part of these inorganic substances are ash and coal ash produced by fuel use. This part of domestic garbage is not only easy to cause air pollution, but also difficult to be disposed of by composting and incineration because of its low organic matter content and low calorific value. If the comprehensive utilization measures cannot keep up, it can only occupy land for landfill. Therefore, in order to reduce the amount of domestic waste, it is necessary to improve the structure of urban fuels, vigorously develop clean energy and reduce the use of high-pollution fuels such as coal. To this end, the first paragraph of this article stipulates that the urban people’s government should improve the fuel structure in a planned way and develop urban gas, natural gas, liquefied gas and other clean energy sources. The so-called "planned" means that the urban people’s government should proceed from the current situation of environmental pollution caused by domestic garbage in its administrative area, comprehensively consider the local social and economic development level and resource situation, formulate practical plans, improve the fuel structure and develop clean energy. The types of clean energy are listed in the first paragraph, such as gas, natural gas, liquefied gas, etc., but the actual work is not limited to these kinds, and other clean energy sources such as electricity can be developed in conditional areas. In fact, although the provisions of the first paragraph are aimed at the prevention and control of environmental pollution by domestic garbage, improving the fuel structure and developing clean energy are not only conducive to the prevention and control of environmental pollution by domestic garbage, but also in the prevention and control of air pollution.It means more. Article 25 of the Law on the Prevention and Control of Air Pollution clearly stipulates that relevant departments in the State Council and local people’s governments at all levels should take measures to improve the urban energy structure and promote the production and use of clean energy. The people’s governments of key cities for the prevention and control of air pollution may designate areas within their respective jurisdictions where the sale and use of highly polluting fuels specified by the competent administrative department of environmental protection of the State Council are prohibited. Units and individuals in this area shall stop burning highly polluting fuels and switch to natural gas, liquefied petroleum gas, electricity or other clean energy sources within the time limit prescribed by the local people’s government.
Second, organize clean vegetables to enter the city
At present, some of the municipal solid waste in our country is the soil of plant roots, rotten and abandoned plant branches and leaves left by various vegetables, fruits and other crops when they enter the urban area. They may be scattered along the way, or discarded in the process of sales and use, and most of them become kitchen waste. Therefore, in order to reduce domestic waste, in accordance with the provisions of the second paragraph of this article, the relevant departments of the urban people’s government should organize clean vegetables to enter the city to reduce urban domestic waste. Different from the first paragraph, the responsibilities stipulated in this paragraph belong to the relevant departments of the city government, including environmental sanitation, trade, agriculture and other departments. Under the unified leadership of the government, they should strengthen communication and cooperation, cooperate with each other, do a good job in organizing clean vegetables to enter the city, give full play to the role of the market mechanism, mobilize the enthusiasm of relevant parties, such as vegetable farmers, transportation enterprises, supermarkets and other units and individuals, and reduce domestic garbage while meeting the production and living needs of the people. The so-called clean vegetables refer to vegetables, fruits and other crops that have been cleaned or packaged and do not contain root soil, rotten branches and leaves.
Three, overall planning, reasonable arrangement of domestic waste purchase outlets
It is very important to realize the recycling of solid waste, strengthen the recycling and comprehensive utilization of municipal solid waste, and establish and improve the recycling network of municipal solid waste. To this end, the third paragraph of this article stipulates that the relevant departments of the city people’s government should make overall plans, rationally arrange acquisition outlets, and promote the recycling of domestic garbage. The relevant departments of the city government shall, under the unified leadership of the local government, proceed from the actual situation of their respective administrative areas, adjust measures to local conditions, seek truth from facts, make overall plans, and rationally arrange the purchasing outlets of waste materials. For various reasons, the recycling station of waste materials, which played an important role in the planned economy era, has been difficult to influence the recycling of domestic garbage at present. The relevant departments of the city people’s government should proceed from the reality, rationally and effectively integrate the local waste materials recycling network, and make overall arrangements for various forms of acquisition outlets. We should give full play to the power of the market, promote the recycling of domestic garbage, and at the same time solve various existing problems.
Forty-fourth the construction of domestic waste disposal facilities, places, must comply with the environmental protection and environmental hygiene standards stipulated by the administrative department of environmental protection in the State Council and the administrative department of construction in the State Council.
It is forbidden to close, leave idle or dismantle the facilities and places for the disposal of domestic garbage without authorization; If it is really necessary to close, leave idle or dismantle, it must be approved by the competent administrative department of environmental sanitation and the competent administrative department of environmental protection of the local people’s government at or above the county level, and measures should be taken to prevent environmental pollution.
[Interpretation] This article is about the management of domestic waste disposal facilities and places.
First, the construction of domestic waste disposal facilities and places must comply with the provisions of environmental protection and environmental hygiene standards.
The first paragraph of this article stipulates that the construction of facilities and places for the disposal of domestic garbage must conform to the environmental protection and sanitation standards stipulated by the administrative department of environmental protection in the State Council and the administrative department of construction in the State Council. In practical work, the disposal of domestic waste mainly includes sanitary landfill, incineration and composting. The specific choice of disposal method depends on many factors such as the type and quantity of domestic waste, the feasibility of technology, the reliability of equipment and so on, and needs to be determined reasonably according to local conditions. You can choose one of them, or you can combine them in a variety of ways. In general, sanitary landfill is the basic scheme of domestic waste disposal in areas with suitable sanitary landfill resources and natural conditions; Incineration disposal technology can be developed in areas with economic conditions, average low calorific value of garbage higher than 5000 kcal/kg and lack of sanitary landfill resources; Garbage with biodegradable organic matter content greater than 40% should be vigorously composted. No matter what kind of disposal method, the construction of disposal facilities or sites must comply with the provisions of Articles 13 and 14 of this Law and the Environmental Impact Assessment Law, and implement the systems and procedures for environmental protection management of construction projects, and must also meet the relevant environmental protection and sanitation standards. Where domestic garbage is disposed by sanitary landfill, the planning, design, construction, operation and management of the landfill,We must strictly abide by the provisions of relevant standards such as Technical Standard for Sanitary Landfill of Municipal Solid Waste, Pollution Control Standard for Landfill of Municipal Solid Waste and Technical Standard for Environmental Monitoring of Landfill of Municipal Solid Waste. For example, the Pollution Control Standard for Domestic Waste Landfill clearly stipulates the environmental protection requirements for the engineering design of domestic waste landfill: the design of domestic waste landfill should include anti-seepage engineering, landfill leachate transportation, collection and treatment system, and the permeability coefficient of its anti-seepage layer is less than or equal to K≤10 cm/s, and the anti-seepage engineering should adopt the process of combining horizontal anti-seepage with vertical anti-seepage; The basement of the landfill is a stable compressive layer, and the bottom of the landfill should not be deformed due to the decomposition and subsidence of garbage. The lowest part of the landfill should be provided with a liquid collection tank, and a main pipe should be installed in it to lead to the ground, which is 100 cm higher than the ground, so as to extract leachate. The gas conveying system of landfill should be equipped with exhaust pipes with the same horizontal and vertical directions, and the exhaust main pipe should be 100 cm above the ground for gas production and gas treatment, etc. These regulations should be observed during landfill construction. When disposing of domestic waste by incineration, the flue gas, sewage, slag, fly ash, odor and noise shall be controlled and treated in strict accordance with the requirements of the Standards for Pollution Control of Domestic Waste Incineration to prevent environmental pollution. For example, the Standard for Pollution Control of Domestic Waste Incineration stipulates that the site selection of domestic waste incineration plants should meet the requirements of local urban and rural construction master plan and environmental protection plan, and meet the requirements of local air pollution prevention, water resources protection and nature protection. Disposal of domestic garbage by composting,The operation and maintenance of waste composting plant should follow the Technical Regulations for Operation, Maintenance and Safety of Municipal Solid Waste Composting Plant. The leachate generated during composting should meet the requirements of Integrated Wastewater Discharge Standard and Technical Evaluation Index of Municipal Solid Waste Composting Plant, the odor generated during composting should meet the requirements of Odor Pollutant Discharge Standard, and the composting products should meet the requirements of control standards for urban wastes for agricultural use and Municipal Solid Waste Composting Plant.
In short, in accordance with the provisions of the first paragraph, the construction of domestic waste disposal facilities and places must meet both types of standards. One is the environmental protection standards stipulated by the administrative department of environmental protection in the State Council, such as the Pollution Control Standard of Domestic Waste Incineration and the Pollution Control Standard of Domestic Waste Landfill. The other is the environmental sanitation standard stipulated by the administrative department of construction in the State Council, such as Sanitary Standard for Harmless Feces and Technical Standard for Sanitary Landfill of Municipal Domestic Waste. Generally speaking, the implementation of environmental hygiene standards is mainly to control the harm of disposal facilities and places to human body, and the environmental protection standards are mainly to prevent environmental pollution.
Two, shut down, idle or demolition of domestic waste disposal facilities and places of approval system.
The second paragraph of this Article is an organic whole with Articles 21 and 34 of this Law. Article 21 puts forward the legal obligation to strengthen maintenance and management, and Article 34 stipulates the approval system for closing, leaving idle or dismantling facilities and sites for preventing and controlling environmental pollution by industrial solid waste. Here, the approval system for closing, leaving idle or dismantling domestic waste disposal facilities and sites is specifically stipulated, including:
1. It is forbidden to shut down, leave idle or dismantle domestic waste disposal facilities and places without authorization.
The disposal of domestic garbage, whether landfill, incineration or composting, can not be separated from various facilities or places. Once these facilities or places are closed, left idle or dismantled, it means the end of the domestic waste disposal process. Therefore, in order to prevent environmental pollution caused by random dumping, stacking and storage of domestic garbage, in principle, it is forbidden to close, leave idle or dismantle all kinds of domestic garbage disposal facilities and places. Taking the landfill of domestic waste as an example, the construction of the landfill should not only meet the environmental protection and sanitation standards in accordance with the provisions of the first paragraph of this article, but also carry out closure treatment and ecological environment restoration in accordance with the provisions of the Technical Policy on Urban Domestic Waste Treatment and Pollution Prevention and Control and the Pollution Control Standard for Domestic Waste Landfill, continue to guide and treat leachate and landfill gas, and continue to monitor groundwater, surface water and atmosphere regularly until the landfill is stable. It can be seen that the facilities and places for the disposal of domestic garbage need to be maintained even after the operation is terminated. If they are closed, left idle or dismantled without authorization, it may cause environmental pollution, such as foundation subsidence, landslide and groundwater pollution. If it is demolished without authorization, and the degree of stability is not reached, the land occupied by the disposal site will be further utilized for development and construction, and the harm will be more serious. Therefore, after the facilities or places for domestic garbage disposal are completed, the maintenance and management must be strengthened.Maintain normal operation or use, and prohibit unauthorized closure, idleness or demolition. The term "closure" here refers to the closure of domestic waste disposal facilities or places so that they will not continue to operate; Idle means that the domestic garbage disposal facilities and places are in an idle state, not operating or not operating normally; Demolition refers to the demolition of the whole or its core components of domestic waste disposal facilities and places, so that they no longer exist in space, geography and objects or cannot operate and use normally. The above three acts are prohibited by law.
In addition, it should be noted that the provisions of the second paragraph of this article are applicable to any unit or individual, and in practice, they are mainly users of domestic waste disposal facilities and places. According to the provisions of Article 21 of this Law, users have a legal obligation to strengthen the management and maintenance of relevant facilities and sites to ensure their normal operation and use. Therefore, users must abide by the provisions of this article, and shall not shut down, leave idle or dismantle the domestic waste disposal facilities or places without authorization. Compared with Articles 21 and 34 of this Law, it can be found that Article 21 is applicable to all kinds of facilities, equipment and places for the prevention and control of environmental pollution by solid waste. Article 34 emphasizes the facilities and places for the prevention and control of environmental pollution by industrial solid waste, while the second paragraph of this article is aimed at the facilities and places for the disposal of domestic garbage. Obviously, apart from limiting the application object to domestic garbage, the scope of applicable facilities and places has also been narrowed, and it is only applicable to disposal facilities and places. Of course, the provisions of this article apply to all domestic waste disposal facilities and places, including urban domestic waste and rural domestic waste.
2. Approval system for closing, leaving idle or dismantling.
The application of the approval system stipulated in this article must meet the following requirements: (1) It is really necessary to close, leave idle or dismantle. In principle, it is forbidden to close, leave idle or dismantle domestic garbage disposal facilities or sites, but in some special circumstances, if it is really necessary to close, leave idle or dismantle them, the approval procedures stipulated in the second paragraph of this article shall be fulfilled. The so-called "really necessary" usually refers to some specific situations. Under these circumstances, it is not necessary for the domestic waste disposal facilities or places to continue to exist or operate. Even if it continues to operate or use, it may not only increase the economic burden of enterprises for no reason, but also play no role in preventing and controlling environmental pollution caused by domestic garbage. Therefore, it is reasonable to close, leave idle or dismantle these facilities or places, and it will not cause environmental pollution caused by domestic garbage. For example, the land occupied by domestic waste sanitary landfill has been used up, and there is no new land for further landfill. In this case, the landfill should be closed, closed and the ecological environment restored. For another example, the relevant units actively carry out the recycling of domestic garbage, and the amount of garbage entering the domestic garbage incinerator for incineration is greatly reduced, so it is necessary to idle the incinerator for a certain period of time. In a word, which cases are "really necessary" should be judged according to the types, quantities and disposal methods of domestic garbage and the provisions of relevant laws and regulations. A fundamental principle is that,Even if the domestic garbage disposal facilities and places are closed, left idle or dismantled, it will not cause domestic garbage to pollute the environment. (2) Approved by the competent administrative department of environmental sanitation and the competent administrative department of environmental protection of the local people’s government at or above the county level. In accordance with the provisions of the second paragraph of this article, if it is really necessary to close, leave idle or dismantle the facilities or places for domestic garbage disposal, it must be approved by the competent administrative department of environmental sanitation and the competent administrative department of environmental protection of the local people’s government at or above the county level. Accordingly, the approved department is the environmental sanitation administrative department and environmental protection administrative department of the local government at or above the county level where the facility or place is located, including the county environmental sanitation department and environmental protection department, excluding the Ministry of Construction and the State Environmental Protection Administration. If the relevant units intend to close, leave idle or dismantle the domestic garbage disposal facilities and places, they should apply to the environmental sanitation and environmental protection companies, and they can only close, leave idle or dismantle them after being jointly examined and approved by the two companies. The reason for making this provision is mainly to consider the division of responsibilities of different administrative departments. According to the provisions of Article 10 of this Law, the supervision and management of domestic waste disposal shall be the responsibility of the construction administrative department of the State Council and the environmental sanitation administrative department of the local government at or above the county level. Therefore, the closure, idleness or dismantling of domestic waste disposal facilities and places shall be reported to the environmental sanitation department for approval. At the same time, considering the important role of various domestic waste disposal facilities and places in preventing and controlling domestic waste pollution and their own environmental protection requirements,The law also requires the competent administrative department of environmental protection to supervise the facilities and places for domestic garbage disposal from the perspective of preventing pollution. Therefore, the closure, idleness or demolition of the above facilities and places should also be approved by the environmental protection department. (3) Take measures to prevent environmental pollution. Units and individuals that close, leave idle or dismantle domestic garbage disposal facilities and places after the joint approval of relevant departments shall also take measures to prevent environmental pollution caused by domestic garbage or closed, idle or dismantled disposal facilities and places. For example, after the domestic waste landfill stops running, it should be closed and the ecological environment should be restored. When the landfill is closed, the surface should be well treated, and the surface should be covered with 30 cm thick natural soil, and then covered with 15-20 cm clay, and compacted to prevent precipitation from entering the landfill. Before the landfill is stabilized, it shall not be used as construction land.
Anyone who violates the provisions of this article shall be investigated for legal responsibility in accordance with the provisions of Article 74 of this Law.
Article 45 The substances recovered from domestic garbage must be used according to the purposes or standards stipulated by the state, and may not be used to produce products that may endanger human health.
[Interpretation] This article is about the provisions that substances recovered from domestic garbage must be used in accordance with the purposes or standards stipulated by the state.
As domestic garbage contains useful substances, in accordance with the requirements of solid waste recycling, the domestic garbage that has been generated should be strengthened for recycling and comprehensive utilization. At the same time, in the process of recycling and comprehensive utilization, secondary pollution should be avoided and controlled. In practice, there are several common ways to recycle domestic garbage: one is to recycle the resources in garbage, such as scrap metal, waste plastics, waste paper and so on; The second is to generate energy through garbage incineration, for example, to use the heat energy generated by garbage incinerator to produce steam, which can be used for industrial production boilers, civil heating, etc., or directly used for power generation; Third, using garbage to make industrial raw materials, such as rubber, which is not easy to decompose and is not suitable for landfill, and is easy to produce a large number of air pollutants when burned, and thermochemically decompose the organic matter in the garbage through low-temperature pyrolysis to produce fuel oil, solid carbon and low-grade fuel gas; The fourth is to recycle landfill gas, which has a high calorific value and can be fully recycled. For rural domestic garbage, in addition to recycling urban garbage, biogas, organic fertilizer and feed can also be made. It can be seen that the recycling of domestic waste is an effective measure to prevent and control the environmental pollution caused by domestic waste.
However, when recycling domestic garbage, because the garbage itself is harmful, the substances extracted from domestic garbage or made from domestic garbage will cause environmental pollution and may endanger human health if they are not handled properly. In order to prevent the recycling of domestic garbage from causing unnecessary harm, this article stipulates that the substances recovered from domestic garbage must be used in accordance with the purposes or standards stipulated by the state. China has formulated a series of standards for the use of domestic waste recycling materials. For example, all kinds of compost products made by decomposed domestic waste and domestic waste composting plants for farmland application must comply with the provisions of control standards for urban wastes for agricultural use (UB8172-1987) before they can be applied in farmland. This standard involves 15 indicators. According to this standard, only nine indicators of domestic garbage and compost products (including plastic, glass, metal, rubber, etc.), particle size, mortality rate of ascaris lumbricoides eggs, coliform value, total cadmium, total mercury, total lead, total chromium and total arsenic can be applied to farmland, organic matter, total nitrogen, total phosphorus, total potassium and PH value. The amount of garbage that meets the standards should not exceed 4 tons per mu of farmland and 3 tons for cohesive soil and sandy soil each year.Advocate the application in flowers, grasslands, gardens, new vegetable fields and clay fields. Gravel soil, old vegetable fields and paddy fields with a particle size greater than 1 mm are not suitable for application. It can be seen that the use of these garbage and compost products is strictly controlled by the state, and these standards must be observed when using them. In addition, this article also stipulates that substances recovered from domestic garbage shall not be used to produce products that may endanger human health. The so-called "may not be used to produce products that may endanger human health" has two meanings: first, for the recycled materials and the products themselves, that is, the materials recovered from domestic garbage or the products produced from the recycled materials must be non-toxic and harmless, and must not pose a real or potential threat to human health; Another meaning means that the substances recovered from domestic garbage and the products produced by using the substances must meet the prescribed standards, and they must not endanger human health after use. That is to say, the substances recovered from garbage or the products produced by using the substances themselves may have certain toxicity, such as chemical products such as paints produced by recycling domestic garbage, which are hardly considered to be completely harmless to human health. However, as long as these substances and products meet the national standards, they will not pose a threat to human health under normal use. The above two situations, as long as one of them is met, are in line with the provisions of this article.
Forty-sixth engineering construction units shall timely remove the solid waste generated in the process of engineering construction, and use or dispose of it in accordance with the provisions of the competent administrative department of environmental sanitation.
[Interpretation] This article is about the prevention and control of environmental pollution by solid waste in engineering construction.
Solid waste produced in the process of engineering construction, usually called construction waste, refers to muck, waste soil, waste materials, silt and other wastes produced in the process of construction, laying or demolition and repair of various buildings, structures and pipe networks by engineering construction units or individuals. According to the principle that the polluter is responsible according to law, the project construction unit has a legal obligation to take measures to prevent and control environmental pollution for the solid waste generated in the construction process. The obligations stipulated in this article include:
A, timely removal of solid waste generated in the process of engineering construction.
For domestic garbage, it is very important to change the law this time that it is no longer allowed to be stored, and all urban domestic garbage should be removed in time, including solid waste generated in the process of engineering construction. If construction waste is stored for a long time without disposal, the dust generated will easily pollute the atmospheric environment, and it may also pollute the soil and groundwater if it is piled up for a long time. Therefore, these garbage should be removed in time. The Regulations on the Administration of City Appearance and Environmental Sanitation also stipulates that the materials and machines on the construction site of the city should be neatly stacked, and the muck should be removed in time. The shutdown site shall be sorted out in time and covered as necessary. After completion, the site shall be cleaned and leveled in time. Anyone who violates this provision shall be investigated for legal responsibility in accordance with the provisions of Article 74 of this Law.
Second, in accordance with the provisions of the competent administrative department of environmental sanitation, the solid wastes generated during the construction of the project are mainly some muck, waste soil, waste materials, residual mud, sand and stones, ceramics, etc. Most of these wastes can be recycled, for example, for road construction and manufacturing building materials. In order to prevent environmental pollution caused by the utilization or disposal process, this article stipulates that the recycling or disposal of solid waste by engineering construction units shall be carried out in accordance with the provisions of the competent administrative department of environmental sanitation. In 1996, the Ministry of Construction formulated the "Regulations on the Management of Urban Construction Waste". According to this regulation, the construction or construction unit that produces construction waste should declare the construction waste disposal plan to the competent environmental sanitation administrative department before the project starts, and sign the environmental sanitation responsibility letter. The competent administrative department of environmental sanitation shall issue the disposal certificate in time after receiving the declaration documents. Where the construction waste is transported into the construction waste storage and transportation (stacking) site set up by the administrative department of environmental sanitation for consumption and disposal, the disposal fee shall be paid according to the regulations. In June, 2004, the State Council issued the Decision on Setting Administrative License for Administrative Approval Items that Need to Be Retained, which also retained the approval item of urban construction waste disposal. In 2004, the Ministry of Construction in the Provisions on the Conditions for Incorporating the Fifteen Administrative Licenses Decided by the State Council,It is further clarified that the construction unit, construction unit or construction waste transport unit must meet the following conditions when applying for the approval of urban construction waste disposal: First, submit a written application (including the time, route and disposal place name of construction waste transportation, the contract signed between the construction unit and the transport unit, and the land use certificate of the construction waste disposal site); Second, there is a site plan and a road map of the disposal site, with corresponding machinery and equipment such as paving, rolling, dust removal, lighting, drainage, fire fighting and other facilities, and a sound environmental sanitation and safety management system that has been effectively implemented; Third, it has the scheme of classified disposal of construction waste and the scheme of recycling waste concrete, metal and wood; Fourth, it has a legal road transport business license and vehicle driving license; Fifth, it has a sound transportation vehicle operation, safety, quality, maintenance and administrative management system and has been effectively implemented; Sixthly, the transport vehicles are equipped with fully enclosed transport mechanical devices or closed covering devices, installation of traveling and loading and unloading recorders and corresponding classified transport equipment for construction waste. Anyone who violates the provisions of this article shall be investigated for legal responsibility in accordance with the provisions of Article 74 of this Law.
Forty-seventh business units engaged in public transportation shall, in accordance with the relevant provisions of the state, clean and collect domestic garbage generated in the process of transportation.
[Interpretation] This article is about the provision that business units engaged in public transportation should clean and collect domestic garbage generated in the process of transportation.
The so-called public transport refers to the use of open means of transport for the public to ride or use, including cars, rail trains, ships, planes, trams and other transportation activities. Under normal circumstances, public transportation is paid for, and there are fixed units engaged in business management. In order to prevent environmental pollution, this article stipulates that business units engaged in public transportation shall, in accordance with relevant state regulations, clean and collect domestic garbage generated during transportation. The relevant provisions of the state mentioned here refer to the specific provisions of the state on the prevention and control of environmental pollution by domestic garbage. It involves many aspects, including not only the specific provisions for a certain means of transportation, but also the behavioral norms or standards for cleaning and collecting domestic garbage generated during transportation. For example, the Regulations on the Administration of City Appearance and Environmental Sanitation stipulates that the garbage and excrement on various ships driving or berthing in urban waters shall be disposed of by the person in charge of the ship in accordance with the regulations. In 1997, the Regulations on Railway Environmental Protection issued by the Ministry of Railways stipulated that the management of garbage during passenger transportation should be strengthened, and passenger car garbage should be collected on the car and not discarded outside the car, polluting the environment along the line. In 1997, patriotic health campaign committee, the Ministry of Health, the Ministry of Railways and the State Environmental Protection Bureau jointly issued the Regulations on Maintaining Environmental Sanitation of Passenger Trains, Stations and Railways.The station should improve the measures of garbage collection, removal and pollution prevention, set up garbage containers in appropriate places, collect and remove the travel and domestic garbage in time, and have a special person in charge. The garbage of passenger trains should be packaged with garbage bags, put at designated stations along the line, and treated uniformly. It is strictly forbidden to throw it outside the train. In 1997, the Ministry of Communications, the Ministry of Construction and the State Environmental Protection Bureau jointly issued the Regulations on the Prevention of Pollution of the Yangtze River Waters by Ship Garbage and Coastal Solid Waste, which stipulated that all ships of 400 tons and above and ships approved to carry 15 passengers or more must have the Ship Garbage Management Plan approved by the port and shipping supervision department and the Ship Garbage Record Book issued. Ship garbage disposal operations shall conform to the operating procedures specified in the Ship Garbage Management Plan, and the relevant operations shall be recorded truthfully. The Ship Garbage Record Book shall be kept on board for two years. Ships should be equipped with garbage storage containers that are covered, leak-proof and spill-free, or bagged and transported to garbage receiving facilities in time. Facilities or containers for storing ship garbage and solid waste must be kept in good condition, and their appearance and surrounding environment should be clean, and they shall not be moved, dismantled or closed at will. All these regulations must be observed by relevant business units engaged in public transportation.
In addition, the business units engaged in public transportation have the obligation to clean and collect the domestic garbage generated in the transportation process. But it does not include legal obligations such as utilization and disposal. Under normal circumstances, after cleaning and collecting garbage, the business unit will transport it by itself or entrust a special transport company to the garbage disposal site designated by the administrative department of environmental sanitation for disposal or recycling. However, it is absolutely not allowed to dump, scatter or pile up at will. For example, the Regulations on the Prevention of Pollution of the Yangtze River Waters by Ship Garbage and Coastal Solid Waste stipulates that all units and individuals engaged in ship garbage collection, transportation and treatment services must transport the ship garbage to the garbage transfer station or treatment yard designated by the local city appearance and environmental sanitation administrative department, and shall not dump it at will.
Article 48 Units engaged in the development of new urban areas, the reconstruction of old urban areas and the development and construction of residential quarters, as well as the management units of public facilities and places such as airports, docks, stations, parks and shops, shall, in accordance with the relevant state regulations on environmental sanitation, build supporting domestic garbage collection facilities.
[Interpretation] This article is about the provisions that regional development and construction units and public facilities and places management units should build domestic garbage collection facilities.
The provisions of this article apply to two types of units: one is engaged in the development of new urban areas, the reconstruction of old urban areas and the development and construction of residential quarters; The other is the management unit of public facilities and places such as airports, docks, stations, parks and shops. In order to prevent domestic waste from polluting the environment, we must first solve the problem of domestic waste collection. Besides classification, strengthening the construction of collection facilities is also a very important aspect. If residents can conveniently put the generated domestic garbage into the collection facilities, it will undoubtedly improve the efficiency of garbage collection. Therefore, it is necessary to strengthen the construction of garbage collection facilities in residential areas, industrial development zones, airports, docks and other densely populated areas with a large amount of domestic garbage, so as to promote the recycling of garbage. This article stipulates that the above two types of units have a legal obligation to build domestic garbage collection facilities in accordance with the relevant state regulations on environmental sanitation. The so-called "supporting" construction means that when building new urban areas, rebuilding old urban areas and developing residential quarters, and managing public facilities and places such as airports, the construction of domestic garbage collection facilities should be considered as a whole from the design of the main project. The Regulations on the Administration of City Appearance and Environmental Sanitation also stipulates that the people’s government of a city should build environmental sanitation facilities such as cleaning, collection, transportation and treatment of domestic wastes when developing new urban areas or transforming old urban areas, and the required funds should be included in the budgetary estimate of construction projects.At the same time, it is also stipulated that public places such as airports, railway stations, bus stops, ports, theaters, museums, exhibition halls, memorial halls, gymnasiums (fields) and parks shall be cleaned by the unit. The water surface within the operation scope of the urban port passenger and cargo terminal shall be instructed by the port passenger and cargo terminal business unit to clean and clean the water surface. In addition, the state has also formulated the "Standards for Setting Urban Environmental Sanitation Facilities", which sets requirements for the construction standards of domestic garbage collection facilities. These regulations shall be observed by regional development and construction units and business units of public facilities and places when supporting the construction of domestic garbage collection facilities.
In addition, the relevant units should support the construction of domestic garbage collection facilities. As for other facilities such as transportation and disposal, the provisions of this article shall not apply. The difference between this article and other laws and regulations is that the responsibility for supporting the construction of domestic waste collection facilities is entrusted to regional development and construction units or business units of public facilities and places. To this end, the development and construction unit or business unit shall include the cost of supporting construction in the project budget, and implement the requirements of supporting the construction of domestic garbage collection facilities. The main responsibility of governments at all levels is to strengthen supervision and management, and they are no longer responsible for specific construction work, except, of course, municipal projects developed and constructed by the government or relevant departments. This has changed the previous situation that the construction of domestic garbage collection facilities was regarded as a public affair, which was completely covered by government finance, and developers and business units also had legal construction obligations. This will play a positive role in promoting the industrial development of domestic waste collection and disposal.
Article 49 Specific measures for the prevention and control of environmental pollution by rural domestic garbage shall be formulated by local regulations.
[Interpretation] This article is about authorizing local laws and regulations to stipulate specific measures for the prevention and control of environmental pollution caused by rural domestic garbage.
1. Solid waste in rural areas of China is mainly composed of rural domestic waste, solid waste from agricultural production, solid waste generated by township enterprises and urban domestic waste abandoned in rural areas. This law has made corresponding provisions on the prevention and control of the latter three kinds of rural solid waste pollution. For example, Article 20 of this Law provides for the prevention and control of solid waste pollution caused by agricultural production, and the provisions of this Law on the prevention and control of environmental pollution by industrial solid waste can be applied to solid waste produced by township enterprises. At present, the most important solid waste in rural areas in China is rural domestic waste. In the past, rural domestic garbage was mainly lime soil, muck and a very small amount of animal and plant residues, which had little impact on the environment. With the development of economy and the improvement of farmers’ living standards, the composition of rural domestic waste has changed significantly: first, a large number of discarded plastics, glass, waste paper, bricks and tiles and other refractory wastes have been added; Second, there are packages containing toxic and harmful substances such as pesticides, detergents and paints in the garbage; Third, in some economically developed rural areas, household organic waste emissions such as kitchen waste have increased significantly; Fourth, in some places, manure is no longer used as fertilizer, and manure becomes waste. After the change, the pressure of rural domestic garbage on the environment is obviously increased, and they are usually discarded at the edge of villages, roadsides and rivers, causing mosquitoes and flies, deteriorating sanitary conditions and polluting soil and water bodies.It has caused serious pollution in many places, and even led to the epidemic of diseases in some places. Therefore, it is necessary to strengthen the prevention and control of environmental pollution caused by rural domestic garbage, which is also one of the key points of this law revision.
Second, in view of the increasingly serious pollution of rural life, in the revised draft submitted by the Environment and Resources Protection Committee of the National People’s Congress to the National People’s Congress Standing Committee (NPCSC) for deliberation in October 2004, most of the provisions in the third section of this chapter were extended to rural domestic waste, and the basic idea was to incorporate rural domestic waste into the whole urban and rural solid waste management system. In this regard, there are some different views in the process of the National People’s Congress Standing Committee (NPCSC)’s deliberation. Some people think that with the development of agricultural industrialization and the improvement of rural living standards, the pollution problem caused by rural garbage has become very prominent, and the state should take measures to strengthen management. There are also opinions that at present, the level of rural economic development in China is not high and the infrastructure is weak, so the conditions are not mature enough to bring rural domestic garbage into the solid waste management system and carry out urban-rural integrated management. There are also suggestions to extend the application of this law on the prevention and control of rural domestic garbage from cities to small towns. This revision of the Law on the Prevention and Control of Environmental Pollution by Solid Wastes, based on the actual situation in China’s vast rural areas and considering the pollution situation of rural domestic garbage, mainly includes: "The people’s governments at or above the county level should make overall arrangements for the construction of facilities for the collection, transportation and disposal of urban and rural domestic garbage, improve the utilization rate and harmless disposal rate of domestic garbage, and promote the industrial development of domestic garbage collection and disposal.Gradually establish and improve the social service system for the prevention and control of environmental pollution by domestic garbage. "(Article 38)" It is forbidden for any unit or individual to dump or pile solid wastes in rivers, lakes, canals, canals, reservoirs, beaches and bank slopes below the highest water level and other places where dumping and stacking of wastes are prohibited by laws and regulations. " (Article 17) The specific provisions on the cleaning, collection, transportation and disposal of domestic garbage are clearly applicable only to cities, reflecting the different requirements for cities and rural areas. At the same time, some members of the Standing Committee suggested that the pollution prevention and control of rural domestic garbage should be stipulated separately according to the different conditions of rural areas in developed areas and underdeveloped areas. The Law Committee of the National People’s Congress, together with the Environment and Resources Protection Committee of the National People’s Congress and the State Environmental Protection Administration, believes that the conditions are not yet met to make the same mandatory provisions on the treatment of urban and rural domestic garbage. However, where conditions permit, the Standing Committee of the local people’s congress may formulate local laws and regulations according to local conditions to stipulate the measures for the prevention and control of rural domestic waste pollution. Therefore, one article has been added to the law recommended by the NPC Law Committee and deliberated and adopted by the Standing Committee, which stipulates: "The specific measures for the prevention and control of environmental pollution caused by rural domestic garbage shall be stipulated by local regulations."
Third, the overall level of social and economic development in rural areas of China is relatively backward, the infrastructure construction is seriously inadequate, and the development of various regions is very uneven. Under this realistic situation, the management of rural domestic garbage should have a gradual process, starting from the actual situation in various places, and it is impossible to require the universal application of unified regulations throughout the country; The prevention and control of environmental pollution caused by rural domestic garbage mainly lies in local areas. By formulating local laws and regulations, not only the operability of relevant regulations can be enhanced, but also the administrative guarantee problems of investors can be effectively solved. In addition to the provisions of the second paragraph of Article 17 and Article 38 of this Law, this article also authorizes local people’s congresses and their standing committees to formulate specific measures for the prevention and control of environmental pollution caused by rural domestic garbage according to the actual situation in the region. The local regulations referred to in this article, in accordance with the relevant provisions of the Constitution and the Legislative Law, refer to the regulations formulated by the people’s congresses of provinces, autonomous regions and municipalities directly under the Central Government and their standing committees that are applicable to their respective administrative regions according to the specific conditions and actual needs of their respective administrative regions, on the premise that they are inconsistent with different constitutions, laws and administrative regulations. The people’s congresses and their standing committees of larger cities, that is, cities where the people’s governments of provinces and autonomous regions are located, cities where special economic zones are located and larger cities approved by the State Council, shall, according to the specific conditions and actual needs of this city,Under the premise that different constitutions, laws, administrative regulations and local regulations of this province and autonomous region are in conflict, the regulations applicable to this administrative region formulated and approved by legal procedures also belong to local regulations.
