Procedures of Shanxi Province for Implementing the Administration of City Appearance and Environmental Sanitation (Issued by the People’s Government of Shanxi Province on September 15, 1994 and amended according to the Decision on Amending the Procedures of Shanxi Province for Implementing the Administration of City Appearance and Environmental Sanitation on October 25, 1997.) Article 1 In order to implement the Regulations of the State Council on the Administration of City Appearance and Environmental Sanitation the Procedures are enacted in the light of the actual situations of Shanxi Province. Article 2 These Procedures shall apply to the administration of city appearance and environmental sanitation (hereinafter referred to as CAES) in all the cities of Shanxi Province. The administration of CAES refers to the administration with reference to building landscape, public facilities, urban green land, advertisement signs, public places, environmental sanitation etc. Article 3 In performing the administration of CAES, the principle of centralized and unified leadership, level-by-level responsibility and the combined management by professionals and people in all walks of life shall be adhered to. In large and medium-sized cities the administration shall be carried out at municipality, district and community levels under unified leadership; while in small cities unified administration shall be carried out. Article 4 The administrative department of construction of the Provincial Government shall be in charge of the work of CAES across the Province. The administrative departments of CAES of the municipal (county) governments (hereinafter referred to as the CAES administrative department) shall be responsible for CAES work under their respective jurisdiction, and the main responsibilities are as follows: (1) Performing unified supervision over the development of CAES facilities; (2) Performing unified planning for the development of CAES facilities; (3) Performing unified regulation and control of the urban environmental sanitation funds; (4) Organizing and implement laws, regulations and provisions in terms of CAES. The community offices shall be responsible for the environmental sanitation work within their respective jurisdictions under the guidance and supervision of their superior authorities. Article 5 The fund needed for the administration of city appearance and the undertakings of environmental sanitation shall be arranged by local governments according their respective municipal economic development. 1 Environmental sanitation should be of paid service. The entrusted party and individuals shall be responsible for the cleaning/disposing, transportation and treatment of the garbage and human wastes, and the charge for such service shall be in accordance with the area served and the quantity involved. Vegetables entering the city should be cleaned and processed, and this should be gradually promoted to reduce the overall quantity of municipal wastes, furthermore, classified collection of domestic wastes in cities should be popularized. Article 6 The municipal people’s governments shall strengthen the publicity and education on city appearance and knowledge about environmental sanitation. The entities in charge of large public places such as passenger stations, squares, markets, theaters, cinemas, hotels or major restaurants shall carry out the publicity of CAES properly. Article 7 The municipal people’s governments should attach importance to the scientific research on environmental sanitation, work out professional program on environmental sanitation, encourage the development and adoption of new technologies and new products for environmental sanitation, introduce advanced technologies for environmental sanitation which is suitable for specific local situations, improve the methods for collection, transportation and treatment of urban wastes and excrement, and improve the mechanization in municipal environmental sanitation and also scientific management. Article 8 Where performing duties, the supervisory personnel of CAES should wear the uniformly issued signs and produce their certificates. No entity or individual should hamper or frustrate the execution of the duties performed by the supervisory personnel of CAES. Article 9 The urban buildings, advertising decorations, environment sanitation, gardening/landscaping, municipal facilities, etc. should meet the city appearance criteria specified by the State. Article 10 Any entity or individual is obliged to keep the externals of the buildings and structures intact, neat and graceful. The enclosure of balconies of the buildings alongside the major municipal streets shall be in conformity with the relevant regulations of the municipal people’s government. With respect to the buildings and structures that affect CAES, the property holder (either a entity or an individual) shall repair, renovate or dismantle it within a specified time limit. Article 11 The establishment of the tablets and their size shall be in conformity with the relevant regulations specified by the State and the local government. The characters used in all kinds of tablets and advertisements shall be in conformity with the language standards. Where display windows are set up or publicity materials posted or hung, their appearance shall be in harmony with the surrounding environment. Large outdoor advertisements can be put up or 2 hung at designated places within a prescribed time period, on condition that they have been approved by the administrative department of CAES, and with the contents being examined and approved by relevant authorities, besides they should be periodically maintained and repainted, and be dismantled in good time. Article 12 The entity shall be responsible for keeping its well(s) on road properly covered and always in good condition. Where road digging or work under the well(s) becomes necessary, such operation should be conducted with safety warning signs. The work site shall be cleaned promptly and the road be restored to its original appearance upon job completion. Article 13 Transparent or semi-transparent fences, hedgerows, parterres or lawns, but usually not solid walls are to be selected alongside the main streets and also for the demarcation between the roads and the buildings downtown and in busy areas. The sunshade or rain shield installed on street-facing buildings should be kept neat and graceful, with the width being no more than 2 meters. Trees, hedgerows, parterres or lawns along the roads shall be kept neat and graceful. Dead trees, branches or leaves shall be pruned and cleared away in good time. The sculptures in cities shall be established in conformity with the city planning and in harmony with the surrounding environment; and the entities that erect such sculptures should take good care of them. Article 14 The establishment of car parking lots or bicycle sheds has to be approved by the municipal department concerned based on the comments given by the administrative department in charge of public security and traffic, and CAES. Where any temporary buildings or facilities are to be built, the permission from the administrative department of CAES shall be mandatorily required before going through examination and approval formalities. Article 15 Sealing, binding or covering measures shall be taken with respect to the trucks for goods transportation in urban areas to prevent any possible fallout. The lavatories in passenger trains shall be closed before entering the city proper. The garbage from passenger buses and trains shall be collected and transported to designated place for treatment. The motor vehicles and bicycles shall be parked and left in designated places. The animal-drawn carts shall be attached with dung bags. No dirty vehicles shall enter the urban area. All motor vehicles shall be equipped with cleaning tools and apparatus. 3 Article 16 With respect to street-facing construction site, it shall be concealed and with obvious signs, and the scaffolds shall be surrounded with proper protective facilities. The construction waste shall be cleared away in good time. The construction site shall be leveled off within 10 days after the construction project has been completed. In case the clearance and transport of garbage and excrement are stopped due to a project construction, the construction entity shall be responsible for organizing such clearance and treatment. The cities with administrative districts shall promote the use of commercial concrete in order to reduce the transportation and piling of sand, stone and cement in urban areas. Article 17 With respect to the construction of environmental sanitation facilities designated by the administrative department of CAES pursuant to the urban master planning, no entities or individuals shall refuse or frustrate the construction of such environmental sanitation facilities. Article 18 Where it is necessary to dismantle or remove environmental sanitation facilities for a construction project, it cannot be implemented until the pre-proposed scheme has been approved by the administrative department of CAES. Article 19 The entities that develop new areas or renovate old areas shall, pursuant to national provisions, simultaneously construct the matching facilities of environmental sanitation such as the facilities for garbage collection and transport, and public lavatories. The required fund shall be included in project budget of the entities concerned. Where a multi-story or high-rise building is constructed it shall be matched with public lavatories, enclosed garbage passageways or garbage storage facilities, and also the passage for garbage trucks. The administrative department of CAES shall participate in the planning, design review and acceptance examination. Where any environmental sanitation facility fails to reach the acceptance requirement, it shall not be put into operation until it has been rectified within a prescribed time limit. Article 20 Where water supply and drainage are available the newly-built public lavatories shall be of flush type. With respect to existing dry latrines and badly damaged or desolated public lavatories the operating entities shall implement renovation or reconstruction pursuant to the requirements of the state criteria. With respect to the newly-built public flush lavatories along the major roads and in flourishing or sighting areas, which meet the “Standard for Planning and Design of Urban Public Lavatories”, fees may be charged at the rate approved by the administrative department of CAES and the price 4 administration department. The said fees shall be used only for the maintenance and management of the public lavatories. Article 21 With respect to airports, railway stations, public transport terminals, exhibition halls, stadiums, gymnasiums, enclosed trade markets, parking lots, parks etc., public lavatories and garbage collection facilities shall be constructed. The abovementioned entities shall be responsible for constructing such facilities and keeping them clean and tidy. Article 22 With respect to the main urban streets and squares, certified entities of environmental sanitation shall be responsible for sweeping them daily and keeping them clean and tidy. With respect to residential areas and smaller streets or lanes, the community offices shall organize specialized cleaners for sweeping them and keep them clean and tidy. Article 23 With respect to environmental sanitation work specified in the “Three Responsibilities Outside the Entity Building” (be responsible for general sanitation, green covering and keeping good social order in a designated area outside the entity building) and in the internal area of an entity, the said entity shall be responsible for sweeping the places concerned and keeping them clean and tidy. After snowing the snows shall be properly cleared in good time. The garbage and excrement from an entity or its residential areas shall be collected and transported by the entity itself. If an entity or an individual is incapable of carrying out such duty, it may entrust a certified entity of environmental sanitation for clearance, collection, transportation and treatment, and pay respective service charges according to relevant regulations. Article 24 With respect to any trade market, the entity in charge shall be responsible for its environmental sanitation, which is subject to the supervision and inspection of the administrative department of CAES. If the said entity is incapable of carrying out such duty, it may entrust a certified entity of urban environmental sanitation for sweeping, disposal and treatment on a fee basis. He who manages a permanent/mobile stall shall accommodate necessary garbage collecting facilitates, and be responsible for keeping clean the environment around the stall. The wastes shall be dumped to the designated garbage pool or station in good time. Article 25 Any entity or individual shall dump the garbage or other wastes in good time, the dumping location and mode shall be in accordance with that stipulated by the administrative department of CAES. The specialized entity of environmental sanitation shall promptly collect, transport and dispose the municipal wastes on a daily basis. Article 26 The license system shall be applied to the discharge and disposal of dregs or construction wastes generated from urban construction. 5 Where any entity or individual engages in a construction or renovation project that generates dregs and construction wastes, it shall, prior to project implementation, submit the construction license or project plan and task statement to the administrative department of CAES to obtain a discharge and disposal license, with which it may transport the dregs or construction wastes to the designated landfill place for dumping or disposal in line with the prescribed time, and pay the disposal charge pursuant to relevant provisions. Article 27 Socialized service shall be gradually applied to urban environmental sanitation. Entities and individuals are encouraged to establish service companies providing comprehensive and specialized environmental sanitation service. Article 28 With respect to the special wastes from hospitals, sanatoriums, slaughter houses, and such entities as chemical, biological, pharmaceutical production or research, etc., which are toxic, hazardous or pathogenic, they shall be disposed of in accordance with relevant state provisions; alternatively, specialized environmental sanitation entities may be entrusted for their disposal in a unified way. It shall be strictly prohibited to dump such wastes into public garbage yards (stations) or to abandon them at will. Article 29 All the entities and individuals are liable to keep the urban environment clean and tidy. The following acts are prohibited: spilling sewage, dumping garbage from upstairs down to the ground, spitting or urinating on roads, littering fruit peels, paper, cigarette stubs, and other wastes willfully. It is prohibited to raise livestock or poultry in urban areas. The homing pigeons may be raised only if it has been reviewed and approved by the racing pigeon association followed by an approval of the administrative department of CAES. Article 30 Anyone who has committed any of the following acts shall be ordered by the administrative department of CAES to get right and additionally, he may be imposed upon a fine from 5 yuan RMB to 100 yuan RMB according to ponderance. (1) Spitting, urinating, or littering fruit peels, paper scraps or cigarette stubs; (2) Scribbling or engraving on urban buildings, facilities or trees, or posting, hanging or establishing advertisement without permission; (3) Piling or hanging articles at street-facing balconies or windows that affects city appearance; (4) Raising livestock or poultry in urban areas without permission, or raising homing pigeons without installing facilities for keeping clean although raising permit has been granted; (5) Failing to clear away branches or dirt in good time in the cultivation or trimming of trees and plants; 6 (6) Causing overflow of tap water, sewage or excrement, or failing to timely clean and transport the sewage, or sludge; (7) Failing to timely clean the garbage in running business stalls; (8) Failing to observe the obligations to keep clean in the sanitation responsibility area; failing to dump garbage or excrement at the specified time, place or mode; or failing to clean and transport garbage or excrement according to relevant provisions. Article 31 Any party that has committed any of the following acts shall be ordered by the administrative department of CAES to take clear-away or dismantle actions or other remedies and, additionally, he may be imposed upon a fine up to 500 yuan RMB in case of individual citizens or a fine up to 1,000 yuan RMB in case of legal persons or other organizations according to ponderance. (1) Installing large outdoor advertisements without permission; (2) Setting up temporary buildings, structures or other facilities along roads and at public places without permission. (3) Leaking or falling of slurry or bulk materials without proper sealing, binding or coverage during transportation; (4) Failing to set up fence or shield for construction project along roads, or failing to clean the sites after the project is completed; (5) Dumping willfully construction wastes, dregs, domestic garbage, etc. without following provisions for proper disposal; (6) Piling up materials on sidewalks or public places without permission. Article 32 Any party that has committed any of the following acts shall be ordered by the administrative department of CAES to take clear-away or dismantle actions or other remedies and, additionally, he may be imposed upon a fine pursuant to the following provisions. (1) Any party demolishing environmental sanitation facilities without permission or failing to abide by the approved plan in the demolishment and resettlement activities shall be imposed upon a fine of up to 500 yuan RMB in case of individual citizens or up to 1,000 yuan RMB in case of legal persons or other organizations according to ponderance; 7 (2) Any party damaging environmental sanitation facilities and other auxiliary facilities shall be imposed upon a fine of up to 500 yuan RMB in case of individual citizens or up to 1,000 yuan RMB in case of legal persons or other organizations according to ponderance. Article 33 Where buildings or facilities in contravene of the criteria of CAES, the administrative department of CAES shall order the responsible entity or individual to reconstruct or demolish the facility within a time limit. In case the party concerned fails to reconstruct or demolish the facilities within the said time limit, the administrative department of CAES and that of city planning shall arrange a forced demolishment at the approval of the governments at the county level or higher, and additionally, a fine of up to 10,000 yuan RMB shall be imposed upon. Article 34 Those who steal or purposely damage any kind of environmental sanitation facilities, insult or beat the functionary or supervisory personnel of CAES and frustrate the execution of their duties shall be given punishment by the public security department in accordance with the Regulations of the People’s Republic of China on security Administration and Punishment. If a crime is constituted, those in question shall be investigated for criminal liabilities according to law by the judicial authorities. Article 35 The provincial administrative department of construction is responsible to interpret the Procedures. Article 36 The Procedures shall come into force on the day of promulgation. Key Words: amendment; urban and rural construction; city appearance and sanitation; decision Distribution: Members of provincial standing committee of CPC; vice governors; the secretary general and the vice secretary general of the provincial government; All the prefecture administration offices; the people’s governments at city; county and district levels; all provincial commissions, offices, departments and bureaus; General offices of provincial committee of CPC; the provincial standing committee of the People’s Congress; the Provincial Committee of the CPPCC; the Provincial Military District; The Higher People’s Court of the Province; The People’s Procuratorate of the Province; all the people’s organizations; all news agencies; CC: General Office of the State Council; Legal Affairs Bureau of the State Council; General Office of The People’s Government of Shanxi Province Printed on November 5, 1997. Number of reprints: 750 copies 8