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Rules of Guangzhou Municipality on the Management of the Recycling of Renewable Resources
Chapter I General Provisions
Article 1 In order to strengthen the management of the recycling of renewable resources, standardize the order of the renewable resources recycling market, save resources and protect the environment, these Rules are developed in accordance with the Circular Economy Promotion Law of the People’s Republic of China and other laws and regulations and on the basis of the actual conditions of this Municipality.
Article 2 The term “renewable resources” herein refers to all kinds of wastes produced in the process of social production and living consumption, which have lost all or part of their original use value and can regain their use value after recycling and processing.
Article 3 These Rules shall apply to the recycling of renewable resources and the supervision and management thereof within the administrative area of this Municipality.
Article 4 The municipal economy and trade authority shall be responsible for the renewable resources recycling management in the whole city. The economy and trade authority of each district shall be responsible for the renewable resources recycling management within their respective jurisdictions. Guangzhou Municipal General Supply and Marketing Cooperative shall specifically implement the recycling of renewable resources in the whole city.
Article 5 The industry association for recycling of renewable resources shall actively reflect the demands of the industry, strengthen industry self-discipline, standardize industry operation behavior, and cooperate with the relevant authorities to strengthen the management of the renewable resources recycling industry.
Article 6 A renewable resources recycling network system that is compatible with economic development and urban management shall be established in this Municipality to carry out garbage classification and resource recovery as a whole, so as to realize industrialization, recycling and harmlessness of renewable resources.
Article 7 Enterprises are encouraged to incorporate the comprehensive utilization of renewable resources into their production and technological transformation plans, and take and improve recycling measures.
Article 8 The municipal economy and trade authority shall organize the propaganda on the recycling of renewable resources, popularize the knowledge on the recycling of renewable resources, and enhance the awareness of the whole society on saving resources and protecting the environment.
Chapter II Planning and Site Construction
Article 9 The national economic and social development plans prepared by the municipal/district people’s government as well as the environmental protection plans, technology plans or urban-rural development plans developed by relevant authorities shall include the contents of promoting the construction and management of recycling and utilization of renewable resources as a whole.
Article 10 The municipal economy and trade authority shall, jointly with the authorities in charge of planning, land resources
and housing management, public security, environmental protection and industry and commerce, according to the overall urban plan, the urban-rural development plan and the development status of the renewable resources recycling industry, on the basis of overall plan and rational layout, prepare the renewable resources recycling industry development plan and submit it to the People’s Government of Guangzhou Municipality for approval before implementation.
Article 11 A district economy and trade authority shall, jointly with the authorities in charge of planning, land resources and housing management, public security, environmental protection and industry and commerce, in accordance with the renewable resources recycling industry development plan of this Municipality, on the basis of the actual conditions of economic development level, population density, environment and resources in the district, prepare the renewable resources recycling site layout plan and submit it to the district people’s government for approval before implementation.
Article 12 A renewable resources recycling site shall meet the urban planning and environmental protection requirements in terms of appropriate site selection, adequate business space, necessary fire-fighting equipment, sanitation facilities and operation equipment and a sound management system.
Article 13 Relevant opinions shall be sought from relevant authorities, industry associations, research institutions and the public when compiling the renewable resources recycling industry development plan, the renewable resources recycling site layout plan and the renewable resources recycling site construction standards.
Article 14 When applying for the establishment of renewable resources recycling enterprises and individual business, the site selection of business premises shall conform to the urban plan and the renewable resources recycling site layout plan, and the site construction and facilities shall conform to the renewable resources recycling site construction standards.
Chapter III Recycling Standard
Article 15 Those engaged in renewable resource recycling business activities shall meet the conditions for industrial and commercial administration registration and apply for business licenses according to law. The administration for industry and commerce, when issuing a business license to a renewable resources recycling enterprise, shall indicate in the business license whether the recycling of productive scrap metal is included into the business scope.
Article 16 Renewable resources recycling operators are prohibited from recycling the following articles:
(1) Firearms, ammunition and explosives;
(2) Highly toxic and radioactive substances and their containers;
(6) Other articles prohibited by laws, regulations and rules from being purchased.
Article 17 Production enterprises shall sign purchase contracts with renewable resource recycling enterprises when selling productive scrap .metal, and assist them in recycling registration and issuing certificates.
Article 18 Waste special equipment for railways, oil fields, power supply, telecommunications, mines, water conservancy, measuring or urban public utilities in this Municipality shall be collected and stored within the industrial systems and disposed of by themselves, or handed over to the enterprises processing and utilizing renewable resources for disposal.
Article 19 Those who transport productive scrap metal and special equipment for scrap metal shall carry the purchase contracts or the certificates issued by the sellers.
Article 20 Renewable resources recycling operators shall abide by the following provisions when purchasing, storing, transporting or disposing of renewable resources:
(a) Strengthen the fire source and power supply safety management;
(2) No occupying public places in the recycling, transit, sorting or processing process;
(4) Conform to other relevant provisions of laws, regulations and rules.
Article 21 Any renewable resources recycling enterprise shall adopt the same logo for the recycling stations located in the community where the enterprise is located, the staff engaged in community recycling and the means of transport used for community recycling.
Article 22 Production enterprises shall recycle the surplus materials in their production or the products they operate that have recycling value after being sold, consumed or discarded or may cause environmental pollution. If any production enterprise does not have the recycling ability, it shall entrust a legally qualified renewable resources recycling enterprise to handle it.
Article 23 Production enterprises shall use recyclable labels for recyclable products and their packages in accordance with the requirements of relevant laws, regulations and standards.
Chapter IV Encouragement and Support
Article 24 The municipal/district people’s governments shall arrange funds for the recycling of renewable resources in its fiscal budget every year to support the industrial development, network system construction, scientific research, publicity, education and training of the recycling of renewable resources.
Article 25 Enterprises are encouraged to comprehensively utilize resources. For scientific research or technological development projects that promote resources conservation and comprehensive utilization, the municipal/district authorities in charge of development and reform, economy and trade and science and technology shall give priority to supporting and approve these projects. Those projects meeting the relevant provisions on key projects in this Municipality shall be included into the management of key projects and enjoy the relevant preferential policies.
Article 26 Enterprises, public institutions and individuals are encouraged to give priority to the purchase of recycled products.
Article 27 Whoever, in violation of Article 15 herein, engages in the business activities related to recycling renewable resources without a business license, or carries out the business activities related to recycling productive scrap metal beyond the business scope approved by the administration for industry and commerce shall be punished by the administration for industry and commerce in accordance with relevant laws and regulations.
Article 28 Whoever, in violation of Article 16 herein, recycles prohibited articles, or in violation of Paragraph 2 of Article 17 herein, purchases productive scrap metal without inspection, registration or keeping of registration data as required shall be punished by the public security organ in accordance with the relevant laws and regulations of the State on public order management.
Article 29 In case of the transport of productive scrap metal and special equipment for scrap metal without a certificate, the public security organ shall give a warning and may impose a fine of not less than 500 yuan but not more than 1,000 yuan. If the public security organ finds that the transported goods are stolen goods or are suspected of stolen goods, it shall seize them according to law and make a list of seizures. If the goods suspected of stolen goods are found to be not stolen goods, they shall be returned in time according to law; if they are indeed stolen goods, they shall be handled in accordance with the relevant provisions of the State.
Chapter VI Supplementary Provisions
Article 30 The term “productive scrap metal” herein refers to metal materials and metal products produced in the production and operation process and which have lost all or part of their original use value, such as scrap iron and steel, scrap non-ferrous metal, scrap ships and the parts and accessories thereof, with the exception of special equipment for scrap metal.
Article 31 For the renewable resources recycling stations established before the implementation of these Rules and found to be in line with the renewable resources recycling site layout plan, the renewable resources recycling site construction standards and the environmental protection and fire control requirements, the administration for industry and commerce shall allow for the renewal of their business licenses, indicating whether the recycling of productive scrap metals is included into the business scope. Those who do not meet the renewable resources recycling site layout plan, the renewable resources recycling site construction standards or the environmental protection and fire control requirements shall be organized by the district people’s government to make corrections, and those who still fail to meet the requirements after corrections shall be punished by the administration for industry and commerce, the environmental protection authority and the fire control authority according to law.
Article 32 These Rules shall come into force on June 1, 2010.