Decree of Tangshan Municipal Government
[2013] No.5
Measures on Kitchen Wastes Management of Tangshan City, which were
adopted at the 6th executive meeting of the municipal government on
November 28, 2013, are hereby promulgated, and enter into effect as of
February 1, 2014.
Mayor: Chen Xuejun
December 28, 2013
Measures on Kitchen Wastes Management of Tangshan
City
Article 1 These Measures are formulated in accordance with the Law on
the Prophylaxis and Control of Environmental Pollution by Solid wastes of the
People’s Public of China, the Regulation of Urban City Appearance and
Environmental Sanitation by the State Council of China and in the light of the
actual circumstances, to enhance kitchen wastes management, safeguard the
masses’ good health and promote the harmless disposal and recycling of
kitchen wastes.
Article 2 The regulation shall be applied to the generation, collection,
transportation, disposal and relevant management activities within the
administrative jurisdiction of this municipality.
Article 3 The phrase of kitchen wastes mentioned in this regulation are
those including leftovers and discarded edible fat and oils generated in food
processing, catering services and group dining in addition to residential daily
life.
The phrase of discarded edible fat and oils mentioned in the provision
thereof include fats of animals and plants and oil water mixture that are no
longer edible.
Article 4 The municipal government shall bring into urban overall
planning kitchen wastes management plans and increase capital investment in
kitchen wastes management year by year.
Article 5 Kitchen wastes management shall adhere to the principle of
reduction,
harmless and resource and generator-taking-the-responsibility,
and uniform collection and transportation and concentrated disposal shall be
implemented.
Collection, transportation and disposal of kitchen wastes shall be based
on the principle of government-domination, social participation, market
operation and integrated utilization.
It is initiated that the output of kitchen wastes shallbe reduced by clean
and healthy vegetables sold, improved processing technology and healthy
dining.
Article 6 Administrative departments of urban city appearance and
environmental sanitation are entitled to supervise and administrate kitchen
wastes of Tangshan City and research and work out policies, industrial
standards, technical specifications and overall planning of kitchen wastes
management of Tangshan City.
Administrative departments of urban city appearance and environmental
sanitation by counties and districts (including the region within the jurisdiction
of agencies by urban government, similarly herinafter) are entitled to
supervise and manage the generation collection, transportation and disposal of
kitchen wastes within the region with their jurisdiction.
The departments such as agriculture, husbandry, quality and technology
supervision, industrial and commercial administration, food and drug
administration, commerce, environmental protection, health, develop &
reform, public security of municipal, county/district levels shall supervise and
manage kitchen wastes according their respective responsibilitiess.
Article 7 The expenses for collecting, transporting and disposing kitchen
wastes are included in municipal solid waste processing fees and the
insufficient section is subsidized in a proper way by local people’s
government and unified countermeasures are formulated by administrative
departments of urban city appearance and environmental sanitation.
Article 8 Generating units of kitchen wastes shall sign agreements with
franchised companies to be entrusted to collect and transport kitchen wastes
and files shall be submitted to administrative departments of urban city
appearance and environmental sanitation for record.
Article 9 Generating institutions of kitchen wastes shall observe the
following regulations:
1. Setting up standard kitchen wastes collecting containers.
2. Separately collecting and storing kitchen wastes.
3. Setting up pollution prevention facilities such as oil-water separators
and oil-water insulating pools to be kept in good operation if discarded edible
oil is generated.
4. Kitchen wastes collecting containers and facilities shall be sealed,
intact and clean together with neat and tidy neighboring environment.
5. Handing over kitchen wastes within the fixed time to franchised
companies to collect and transport.
6. Establishing management standing books for kitchen wastes to record
the quantity, category, collection, entrusted transportation, etc.
7. Submitting management standing books for kitchen wastes to
administrative departments of urban city appearance and environmental
sanitation at the end of every month.
Article 10 The following acts are prohibited for generating institutions of
kitchen wastes:
1. Storing kitchen wastes in the exposed way.
2. Mixing kitchen wastes with other household garbage.
3. Discharging kitchen wastes into rainwater pipes, sewage drainage
pipelines, irrigation canals and ditches and public toilets or dumping at
random in other ways.
4. Utilizing discarded edible oils or relevant processed products in
catering, food processing or selling them as edible oils.
5. Other acts prohibited by laws and regulations.
Article 11 Enterprises and individuals engaged in collecting, transporting
and disposing kitchen wastes shall obtain the permits.
The enterprises and individuals without the permits to collect, transport
and dispose kitchen wastes are not entitled to collect, transport and dispose
kitchen wastes.
Article 12 Enterprises are determined by fair competition through bidding
for collecting, transporting and disposing kitchen wastes.
Municipal, county or district-level administrative departments of urban
city appearance and environmental sanitationshall sign franchise agreements
with bidding winners for collection, transportation and disposal to specify
operation period, service standards, duties and obligations. Enterprises without
signing franchise agreements shall notto collect, transport and dispose kitchen
wastes.
Article 13 Kupono system in operation for generating, collecting,
transporting and disposing kitchen wastes.
Article 14 The enterprises engaged in collecting and transporting kitchen
wastes shall observe the following regulations:
1. Timely collecting and transporting kitchen wastes within the fixed
time in accordance with operation standards and specifications.
2. Shipping the collected kitchen wastes to the specified standard
disposal sites.
3. Keeping vehicles to collect and transport kitchen wastes in sealed,
clean and perfect condition, installing driving and handling recorders and
maintaining collecting containers tidy and intact.
4. Establishing standing books for collecting and transporting kitchen
wastes to record the source, quantity and whereabouts of the collected and
transported kitchen wastes and report the above information to local
administrative departments of urban city appearance and environmental
sanitation by the end of every month.
Article 15 The following acts are prohibited for the enterprises engaged
in collecting and transporting kitchen wastes:
1. Randomly dumping, spilling and discarding kitchen wastes.
2. Terminating or closing business without authorization.
3. Other acts prohibited by laws and regulations.
Article 16 The following provisions shall be observed by the enterprises
engaged in disposing kitchen wastes:
1. Disposing kitchen wastes in strict accordance with relevant state
provisions and technical standards.
2. Waste water, gas and residues generated during processing shall be in
conformity to environment protection standards to prevent secondary
pollution.
3. Receiving kitchen wastes in accordance with the stipulated time and
requirements.
4. Equipping kitchen wastes disposing facilities as requested and
ensuring its good operation.
5. Setting up standard kitchen wastes storing facilities in kitchen wastes
disposing sites.
6. Keeping kitchen wastes disposing sites clean and tidy.
7. Selecting qualified administrative and operation staff as stipulated.
8. Installing kitchen wastes disposing facilities with metering facilities
pollutant online monitoring devices and keeping it networked with
administrative departments of urban city appearance and environmental
sanitation.
9. Establishing standing books for disposing kitchen wastes to record the
source, quantity, whereabouts and operating data of the disposed kitchen
wastes and report the above information to local administrative departments of
urban city appearance and environmental sanitation by the end of every
month.
Article 17 The following acts are prohibited for the enterprises engaged
in disposing kitchen wastes:
1. Randomly dumping, spilling and discarding kitchen wastes.
2. Terminating or closing business without authorization.
3. Utilizing processed kitchen wastes, residues and oils as feedstuff.
4. Other acts prohibited by laws and regulations.
Article 18 After the completion of kitchen wastes disposing facility
projects, disposing enterprises shall organize completion acceptance based on
law and submit construction project files to administrative departments of
construction and urban city appearance and environmental sanitation within
three months of completion acceptance in accordance with law. Without
completion acceptance or failing to be accepted, the disposing facilities shall
not be put into operation.
Article 19 Municipal, county or district-level administrative departments
of urban city appearance and environmental sanitation shall establish sound
supervising and management systems to supervise and inspect kitchen wastes
generating institutions and collecting, transporting and disposing enterprises
and implementation of this regulation. If necessary, supervisors may be sent to
kitchen wastes disposing enterprises.
Administrative departments of urban city appearance and environmental
sanitation are entitled to entrust qualified certification authorities to monitor
the quantity and quality of kitchen wastes disposition and the environmental
consequence at regular intervals.
Article 20 Administration of municipal, county(city) or district
governments shall establish complaint and reporting system to accept
complaints and reports concerning unlawful acts in generating, collecting,
transporting and disposing kitchen wastes and to organize relevant
departments to exercise timely on-site investigations and solution after the
acceptance.
Article 21 Municipal, county or district-level administrative departments
of urban city appearance and environmental sanitation together with other
departments shall adopt the following measures during supervision and
inspection:
1. reading and duplicating documents and data related;
2. reading and disclosing operation standing books;
3. requesting the inspected organizations and individuals to give
explanations concerning relevant problems;
4. carrying out on-site inspection;
5. ordering relevant units and individuals to correct unlawful acts.
units and individuals concerned are obliged to be cooperative about
supervision and inspection and are not entitled to hinder supervisors and
inspectors from performing official business.
Article 22 Municipal, county or district-level administrative departments
of urban city appearance and environmental sanitation together with other
departments shall make emergency plans for collecting, transporting and
disposing kitchen wastes, establish emergency disposal system for kitchen
wastes to ensure the normal collection, transportation and disposition under
emergent or special situations.
Enterprises engaged in collecting, transportation and disposition shall
make emergency plans to prevent emergencies of kitchen waste pollution and
submit the plans to municipal, county or district-level administrative
departments of urban city appearance and environmental sanitation for record.
Article 23 If generating organizations of kitchen wastes perform one of
the following acts, administrative departments of food safety supervision and
management shall order them to correct within the time limit together with
fines:
1. In violation of items 1, 2 and 4 of Article 9 and item 1 of Article 10,
shall be imposed on a fine of no more than 10,000 yuan;
2. A fine of no less than 2, 000 yuan and no more than 10, 000 yuan
shall be imposed for violating subparagraph 5, 6 and 10 of article 9 and
subparagraph 4 of article 10 and, if the circumstances are serious, orders shall
be made to terminate or close business for improvement or even license may
be revoked. Revoking agencies shall inform industrial and commercial
departments within five working days for them to handle on the basis of law.
Orders by environmental protection administrative departments shall be
ordered to correct within a prescribed time limit and a fine of no more than 10,
000 yuan shall be imposed for violating subparagraph 3 of article 9.
Orders by administrative departments of urban city appearance and
environmental sanitation shall be made to mend their way and, at the same
time, a fine of no less than 2, 000 yuan and no more than 10, 000 yuan may be
imposed for violating subparagraph 7 of article 9.
A fine of no less than 5, 000 yuan and no more than 50, 000 yuan shall be
imposed by administrative departments of urban city appearance and
environmental sanitation for violating subparagraph 2 and 3 of Article 10.
Article 24 Enterprises of collecting and transporting kitchen wastes shall
be ordered to correct within a prescribed time limit and, and imposed a fine by
administrative departments of urban city appearance and environmental
sanitation, if one of the following acts is performed by :
1. A fine of 30, 000 yuan shall be imposed for collecting and
transporting kitchen wastes without permission.
2. A fine of no less than 5, 000 yuan and no more than10, 000 yuan shall
be imposed for violating subparagraph 1, 2 and 3 of article 14 and relevant
agreements shall be terminated if the case is serious.
3. A fine of no less than 5, 000 yuan and no more than 50, 000 yuan
shall be imposed for violating 1 subparagraph of article 15 and relevant
agreements shall be terminated if the case is serious.
4. A fine of no less than 10, 000 yuan and no more than 30, 000 yuan
shall be imposed for violating subparagraph 2 of article 15 and relevant
agreements shall be terminated if the case is serious.
Article 25 Enterprises of disposing kitchen wastes has one of the
following action shall be ordered to correct within a prescribed time limit, and
a fine shall be imposed, by administrative departments of urban city
appearance and environmental sanitation.
1. A fine of 30, 000 yuan shall be imposed for disposing kitchen wastes
without permission and compensation liabilities shall be borne by violators if
losses are incurred.
2. A fine of no less than 30, 000 yuan and no more than 50, 000 yuan
shall be imposed for violating subparagraph 1 of Article 17, compensatory
liabilities shall be borne by violators if losses are incurred and relevant
agreements shall be terminated if the situations are serious.
3. In violation of subparagraph 2 of Article 17 of this regulation ,a fine
of no less than 50, 000 yuan and no more than 100, 000 yuan shall be imposed
on
the terminating or closing business without permission, compensation
liabilities shall be borne by violators if losses are incurred and relevant
agreements shall be terminated if the case is serious.
In violation of article 16 and article 18 of these measures, shall be
imposed on the enterprises of disposing kitchen waste in accordance with the
relevant regulation of Measures for the Management of Urban Living Garbage
Article 26 Where the municipal, county or district-level administrative
departments of urban city appearance and environmental sanitation and other
relevant agencies and their personnel has one of the following action, they
shall be ordered to correct, the primary responsible person and other persons
directly responsible shall be given administrative sanctions by the competent
authority at the higher level or the unit in accordance with law. And if there is
involving a crime, the case shall be transferred to the judicial jurisdiction：
1. Not fulfilling management duties in accordance with law.
2. Not investigating and handling cases when discovering unlawful acts
or after receiving reports over unlawful acts.
3. Other acts of abusing authority, neglecting duty, conducting
malpractice for personal gain.
Article 27 These measures shall enter into force as of February 1, 2014.
General Office of Tangshan Municipal People’s Government
Issued on December 31, 2013