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Rules of Guangzhou Municipality on the Management of the Recycling of Renewable Resources

2024-03-21 14:32
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  (Issued on April 13, 2010 in accordance with Decree No. 31 of the People’s Government of Guangzhou Municipality and amended on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality)

  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.

  Any other provisions in laws, regulations and rules about recycling and management of scrapped automobiles, hazardous wastes, strictly controlled wastes, imported solid wastes that can be used as raw materials, and treatment, utilization and management of waste electronic products shall prevail.

  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.

  The authorities in charge of public security, industry and commerce, urban management, environmental protection, finance, planning, land resources and housing management, safety supervision, tax, quality supervision and confidentiality shall take measures for the supervision and management of the recycling of renewable resources ex officio.

  The municipal economy and trade authority and the relevant authorities shall establish and improve the information sharing mechanism and inform each other of the administrative information on the recycling of renewable resources.

  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.

  Renewable resource recycling enterprises and individual business are encouraged to do business in the community by means of mobile recycling, door-to-door service, etc.

  Entities and individuals are encouraged to reduce wastes, save energy, accumulate and sell renewable resources.

  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.

  The renewable resources recycling site layout plan shall determine renewable resources recycling stations or daily recycling points in each community to promote garbage classification, reduction and recycling.

  Renewable resources recycling sites include various stations where renewable resources stay in the recycling process, such as community recycling, transit, sorting, distribution, processing and treatment.

  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.

  The renewable resources recycling site construction standards shall be formulated by the municipal economy and trade authority jointly with the authorities in charge of environmental protection, industry and commerce, public security, quality supervision, etc., and shall be announced to the public and implemented.

  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.

  When handling industrial and commercial registration, the administration for industry and commerce shall consult the economy and trade authority of the district where the applicant is located on whether the site selection and construction of the applicant’s business premises conform to the renewable resources recycling site layout plan and the recycling site construction standards. The economy and trade authority of the district shall reply within 7 working days.

  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;

  (3) Special equipment for scrap metal, such as railways, oil fields, power supply, telecommunications, mines, water conservancy, measuring and urban public utilities (e.g. well lids, well grates and fire hydrants);

  (4) Articles involved in the criminal cases or administrative cases, stolen goods or suspected stolen goods as specified by the public security organ;

  (5) Documents, data, books, periodicals, drawings and audio-visual products marked with confidential classification;

  (6) Other articles prohibited by laws, regulations and rules from being purchased.

  Renewable resources recycling operators shall immediately report to the public security organ once they find any prohibited article in the recycling process.

  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.

  When purchasing productive scrap metal, renewable resources recycling enterprises shall conduct inspection and registration according to law, and keep the registration data as required.

  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.

  The public security organ shall, according to law, inspect the means of transport carrying productive scrap metal and special equipment for scrap metal.

  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;

  (3) Keep the surrounding environment clean and disinfected regularly, strictly control pollution, such as noise, dust and peculiar smell, for fear of affecting the normal work and life of surrounding residents;

  (4) Conform to other relevant provisions of laws, regulations and rules.

  The renewable resources recycling management standards shall be formulated by the municipal economy and trade authority jointly with industry associations and promulgated for implementation.

  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.

  Renewable resources recycling enterprises and individual businesses that meet the conditions of national tax refund or tax relief can enjoy preferential tax policies according to law.

  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.

  When government organs, public institutions or organizations use financial funds for government procurement, they shall give priority to purchasing recycled products under the same conditions of performance, technology and service indicators.

  Chapter V Legal Liability

  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.