Document No: Decree No 138 of Xi’an municipal people’s government
Validity: Effective
Subject: Regulations of Xi’an Municipality on the Administration of Domestic Waste Classification
Date of Promulgation: April 30, 2019
On deliberation and approval at the 86th executive meeting of the Xi’an municipal people’s government, the Regulations of Xi’an Municipality on the Administration of Domestic Waste Classification is hereby promulgated and shall come into force as of Sept 1, 2019.
Mayor Li Mingyuan
April 28, 2019
Regulations of Xi’an Municipality on the Administration of Domestic Waste Classification
Chapter 1 General Provisions
Article 1 With a view to strengthening the management of domestic waste in Xi’an to control pollution, protect environment and save resources, these Regulations are made in accordance with the Law of the People's Republic of China on Prevention and Control of Environmental Pollution by Solid Waste, Regulations on the Administration of City Appearance and Environmental Sanitation, Regulations of Xi’an Municipality on the Administration of City Appearance and Environmental Sanitation and other related laws and regulations.
Article 2 These Regulations apply to the dumping, collection, transport, disposal and other related management activities in connection with domestic waste classification in the administrative regions of Xi’an.
The regulation of kitchen waste (including waste of edible oil and fat) shall be made separately.
Article 3 Domestic waste in Xi’an shall be classified into the following four categories:
(1) Recyclables, refer to articles that can be recycled and reutilized, including paper, plastics, metal, glass, fabric, etc.;
(2) Hazardous waste, refers to the domestic waste that can cause direct or potential hazards to human body or natural environment, including waste rechargeable battery, waste button cell battery, waste modulator tube, waste drug, waste pesticide (container), waste paint (container), waste daily-use chemicals, waste mercury products, etc.;
(3) Kitchen waste, refers to the organic perishable domestic waste, including solid food, egg shell, melon rind and seeds, fruit peel and pits, tea leaves, etc., and the organic perishable waste produced in fruit and vegetable and aquatic product markets, including waste vegetable leaves, fruits, fishes and shrimps, etc.;
(4) Other waste, refers to the domestic waste excluding the above three items, including waste sanitary napkin, disposable diaper, napkin, cigarette end, animal bone, shell, etc.
Article 4 Domestic waste should be dumped, collected, transported and disposed by classification.
Following the principle of government leadership, participation of all the people, adapted measures to local conditions, structured promotion, domestic waste classification should be conducted to achieve recycling and hazard-free treatment.
Article 5 The municipal, district and county people’s governments, the administrative committee of Xixian New Area and the administrative committees of all development zones shall incorporate the work of domestic waste classification into the national economy and social development plan, whereby capital investment is guaranteed, goal set for managing domestic waste classification, facility distribution coordinated for domestic waste dumping, collection, transport and disposal of domestic waste, with land and construction preferentially arranged.
The district and county people’s governments, the administrative committee of Xixian New Area and the administrative committees of all development zones shall make the model of management of domestic waste classification in rural areas in accordance with the actual conditions of social and economic development and of natural environment, whereby related facilities and equipment shall be planned, built and allocated appropriately following related standards, to promote the localized classification and recycling of domestic waste in rural areas. In rural areas where conditions permit, domestic waste shall be incorporated into the urban system of domestic waste classification, collection, transport and disposal.
The town people’s governments and sub-district offices shall be responsible for the daily management of domestic waste classification in the respective administrative region, subject to the operational guidance of the immediate higher authorities of urban management.
Article 6 The municipal people’s government shall establish the mechanism of joint consultation on domestic waste classification, whereby difficult problems, important events and serious cases of domestic waste classification shall be discussed, coordinated, processed and solved.
The joint conference shall be conducted at least once a month or at any time when a special situation takes place.
Article 7 The municipal urban management department is the competent authority of domestic waste classification management in Xi’an, and responsible for the implementation of the regulations. It is also responsible for preparing special planning of domestic waste classification and of building facility hereof, making standards of domestic waste classification, providing guidance, supervision and assessment of work on domestic waste classification, and organizing the joint conference. The urban management departments of district and county people’s governments, the administrative committee of Xixian New Area and the administrative committees of all development zones shall be responsible for domestic waste classification in their respective administrative regions.
The ecological environment administrative departments shall be responsible for the supervisory monitoring on pollutant emission at collective transport facilities, terminal treatment facilities of domestic waste, and for the supervision and management of pollution prevention and treatment by work units that are not exempt from hazardous waste.
The housing and urban-rural development administrative departments shall be responsible for supervising and urging property service firms to implement the domestic waste classification, and incorporate the domestic waste classification into the credit management system of property service firms.
The commercial administrative departments shall be responsible for the management of recyclables.
The administrative departments of development and reform, natural resources and planning, finance, public security, education, culture and tourism shall conduct the related work of domestic waste classification in accordance with their respective division of responsibilities.
Article 8 Trade associations of environmental hygiene, recycling, property management, catering, hospitality, etc., in this municipality shall formulate self-discipline regulations, whereby to provide training and technical guidance of domestic waste classification in respective sectors, and to supervise and urge members to engage in domestic waste classification.
Chapter 2 Publicity and Guidance
Article 9 The municipal, district and county people’s governments, the administrative committee of Xixian New Area and the administrative committees of all development zones shall strengthen publicity of domestic waste classification, with program of publicity formulated, public awareness of domestic waste classification reinforced and habit of domestic waste classification shaped of the public. The town people’s governments and sub-district offices shall implement publicity in accordance with programs of publicity.
Based on facilities and sites of domestic waste classification the urban management departments shall establish publicity and education bases of domestic waste classification that are open to the public free of charge, and publicize knowledge, policies and measures on domestic waste classification by means of media outlets, outdoor advertisements.
The education administrative departments shall incorporate into curriculum knowledge on classified dumping, recycling and hazard-free treatment of domestic waste, with a view to raising the awareness of students and pre-school children on the domestic waste classification.
The culture and tourism administrative departments shall strengthen publicity and education of domestic waste classification to travel agencies, and supervise and urge personnel of travel agencies to receive intensive education on domestic waste classification.
The public security authorities shall strengthen the publicity and education on domestic waste classification to the migrant population in Xi’an, and guide floating population to abide by the regulation of domestic waste classification in Xi’an.
The transport and railway transport departments shall strengthen publicity of domestic waste classification by means of station and vehicle videos.
Article 10 Media such as radio, television, newspaper, periodical, and internet shall strengthen publicity of domestic waste classification by means of providing publicity columns and public service advertisements of domestic waste classification, to reinforce the awareness of the public on domestic waste classification and to conduct supervision over violation of domestic waste classification regulations by creating public opinions.
Article 11 Villager committees and neighborhood committees shall implement properly publicity and guidance of domestic waste classification, which can be incorporated into the joint pledges of residents or villagers, and coordinate with the town people’s governments, sub-district offices in organizing, mobilizing and supervising residents and villagers to carry out domestic waste classification.
Article 12 The Trade Unions, the Communist Youth League, the Women’s Federations, primary and secondary schools, kindergartens shall actively publicize knowledge on domestic waste classification, carry out social practices, and promote the full participation of the public in domestic waste classification.
The travel agencies shall supervise their tourist guides in giving publicity of domestic waste classification. Tourist guides shall guide tourists to abide by the regulations of domestic waste classification and try to stop tourist violation of regulations of domestic waste classification.
Article 13 Operators and managers of shopping malls, farmer’s markets, sports venues, parks, scenic spots shall strengthen the publicity of domestic waste classification on site.
Article 14 The government agencies, enterprises and public institutions shall strengthen the publicity of domestic waste classification to their respective personnel and raise their knowledge and awareness of domestic waste classification.
Article 15 Non-government organizations of environmental protection, volunteer services, etc., are encouraged to conduct publicity of domestic waste classification to the public, with a view to promoting the efforts of domestic waste classification.
Chapter 3 Classified Dumping
Article 16 The municipal urban management department shall formulate guide to domestic waste classification that defines the standard, signs of classification, rules of dumping and make public the same to the public.
The district and county people’s governments, the administrative committee of Xixian New Area and the administrative committees of all development zones shall formulate implementation plans of domestic waste classification that are in compliance with the respective administrative region, which should include mode of dumping, time of collection, route of transport, etc. of domestic waste classification.
The town people’s governments, sub-district offices can formulate detailed measures in accordance with the implementation rules.
Article 17 The management of domestic waste classification in Xi’an shall be subject to the manager system. The managers of domestic waste classification can be defined as follows:
(1) For residential quarters that are managed by property service companies, such companies shall be the manager; for those that are managed by employers, such employers shall be the manager;
(2) For rural villages or urban village residential quarters, the villager committee thereof shall be the manager;
(3) For government agencies, organizations, military units, schools, hospitals, factories, such units shall be the manager;
(4) For business sites such as farmers’ markets, shopping malls, hotels, exhibition halls and shops, the operating managers thereof shall be the manager;
(5) For railway stations, long-distance bus stations, public bus stops and stations, metro stations, culture, sports, parks and scenic spots, the operating managers thereof shall be the manager;
(6) For building sites of construction projects, the constructors thereof shall be the manager;
(7) For urban roads, the administrator thereof shall be the manager;
(8) Where managers of domestic waste classification cannot be determined, the local town people’s governments, sub-district offices shall designate the managers thereof.
Article 18 Managers of domestic waste classification shall abide by the following regulations:
(1) Establish routine regulations of domestic waste classification, and notify the time, place and mode of dumping of classified waste;
(2) Properly provide containers of classified collection of domestic waste in accordance with related regulations, the quantity and mode of dumping, and keep the completeness and cleanliness of such collecting containers, which shall be maintained, replaced, cleaned and replenished when stained or in shortage.
(3) Conduct publicity of knowledge of domestic waste classification, guide users to carry out classified dumping, and deliver to users or post at notable location textual and graphic materials on standards, guidance, methods of domestic waste classification;
(4) Supervise the act of classified dumping of domestic waste, correct the wrong acts of units or individual in dumping, and report such violation cases to the competent urban management department of the administrative region when such violators fail to make correction as required;
(5) Stop the act of mixing the domestic waste that has been dumped by classification;
(6) Except the direct reception of recyclables, hazardous waste, kitchen waste and other waste shall be assigned to licensed units for collection and transport;
(7) Keep a managing account book that records the type, quantity, whereabouts of domestic waste produced in the managed area, and the book that keeps the record of last month shall be submitted to the local town people’s governments, sub-district offices not later than the 10th day of each month.
Article 19 Organizations and individuals shall have domestic waste dumped into the appropriate collecting containers or to the designated collecting points, in accordance with the requirements of time, place and mode announced by the managers.
Dumping of domestic waste shall be conducted subject to the following provisions:
(1) Recyclables shall be dumped into the collecting containers that are marked with the sign of recyclables or be collected by recyclables firms with reservation service;
(2) Kitchen waste shall be dumped only after being drained;
(3) Fragile waste or hazardous waste containing liquid such as tube lights, mercury products shall be dumped only after measures are taken to prevent breakage or leakage;
(4) Waste large-sized, detached furniture that needs to break down shall be collected by recyclables firms with reservation service or dumped to designated point of collection;
(5) Waste electric appliance and electric products shall be collected by recyclables firms with appointment in accordance with the product manuals or tips given by product sellers, maintenance agencies, after-sale agencies, or dumped to designated point of collection.
Article 20 Industrial solid waste, building waste, medical waste, animal corpses shall be prohibited to be mixed with domestic waste.
Chapter 4 Classified Collection
Article 21 Planning, construction, management and maintenance of facilities of domestic waste classification shall be conducted in accordance with Regulations of Xi’an Municipality on the Administration of City Appearance and Environmental Sanitation.
New urban area, rehabilitated old urban area and newly-built, reconstructed or expanded residential quarters, shall provide facilities of domestic waste classification in accordance with required standards. Developers shall present at site of sale layout, function of facilities of domestic waste classification for new projects of residential quarters.
Article 22 The municipal urban management department shall conduct joint consultation with the municipal commercial and financial departments to prepare the catalogue of recyclables, propose preferential policy of utilization of low value recyclables to the municipal people’s government for approval before implementation.
Article 23 The municipal commercial administrative department shall prepare the catalogue of recyclables, organize the distribution of collection points of recyclables whereby to properly deploy transit points, selection centers and collection points, and strengthen the connection of the system of recyclables and that of domestic waste classification by joining the municipal urban management department.
Operators engaged in collection and utilization of recyclables shall have their place of business in compliance with the distribution and establishment requirements of collection of recyclables, and render convenient services by appointments or regular services.
Article 24 Managers of domestic waste classification shall provide collecting containers in accordance with the Standard of Provision of Environmental Sanitation Facilities and the related regulations in Xi’an;
(1) Residential quarters shall be provided with collecting containers of kitchen waste or other waste, with at least one container of recyclables and one container of hazardous waste available in each residential quarter;
(2) Commercial, office and production areas shall be provided with containers of recyclables, kitchen waste, other waste, with at least one container of hazardous waste available;
(3) Walkways, parks, squares and other public places shall be provided with containers of recyclables, other waste, with container of kitchen waste available in accordance with actual situation.
Placement of collecting containers shall not obstruct fire-fighting access.
Article 25 Domestic waste shall be collected by classification and shall not be collected in mixture.
Kitchen waste and other waste shall be collected at regular time each day, recyclables and hazardous waste shall be collected at the appointed time set by collectors or agreed by collectors and managers of domestic waste classification.
Article 26 The urban management departments of the district and county people’s governments, the administrative committee of Xixian New Area and the administrative committees of all development zones shall organize the construction of concentration point of hazardous waste, where hazardous waste is stored temporarily. Such concentration point of hazardous waste shall be in compliance with the requirements of pollution control of hazardous waste.
Hazardous waste shall be prohibited to be mixed with non-hazardous waste for storage. Apart from direct disposal by licensed units, hazardous waste shall be stored at sites of storage approved by the ecological administrative department.
Article 27 Organizers of approved cultural and commercial activities that temporarily occupy urban roads, squares shall provide facilities of domestic waste classification in accordance with requirements and remove without delay such facilities on termination of such activities.
Chapter 5 Classified Transport
Article 28 Domestic waste that has been collected by classification shall be transported by classification. Mixed transport of classified domestic waste is prohibited.
In accordance with the related national standards of hazardous waste classification, domestic waste that belongs to hazardous waste shall be subject to measures of preventing environmental pollution during transport and to related national regulations of transport of hazardous waste and dangerous goods.
Kitchen waste and other waste shall be transported by licensed organizations to domestic waste treatment sites (plants) in accordance with the urban management departments.
Article 29 The urban management departments of municipal, district and county people’s governments, the administrative committee of Xixian New Area and the administrative committees of all development zones shall scientifically establish multifunctional compression and transfer facilities of domestic waste according to local conditions to gradually promote the construction of large scale multifunctional compression and transfer stations of domestic waste.
The municipal ecological environment administrative department shall be responsible for formulating the regulations governing prevention of environmental pollution during storage and disposal of hazardous waste, and for establishing and improving the disposal system of hazardous waste.
Article 30 The district and county people’s governments, the administrative committee of Xixian New Area and the administrative committees of all development zones shall standardize the signs of collection stations (points) and regulate the stations, routes and time of transport of domestic waste.
The town people’s governments, sub-district offices shall supervise and guide managers of domestic waste classification to receive and carry domestic waste of residents to waste collection stations (points).
Article 31 Transporters of domestic waste shall be subject to industrial technical specification and operation standard and workmanship, as well as to the following provisions:
(1) In accordance with types, quantity and time of operation of domestic waste, transport equipment and operators shall be provided to carry the domestic waste classification to the transfer station, storage points and site of treatment that meet the requirements;
(2) Transport vehicles shall be equipped with a positioning system and marked clearly on body with the sign that identifies the types of domestic waste;
(3) Transport vehicles shall have closed transportation, without spill, leakage of domestic waste or waste water on the way;
(4) Waste in transshipment shall be in sealed storage and shall not stay longer than 24 hours at the transshipment station;
(5) Transport vehicles shall be placed under routine maintenance to keep them tidy and clean.
Article 32 Providers of domestic waste collection service shall keep a managing account book that records the source, type, quantity, whereabouts of domestic waste to the urban management departments of district and county people’s governments, the administrative committee of Xixian New Area and the administrative committees of all development zones.
Article 33 Transporters of domestic waste shall formulate contingency plans in response to emergency dispatch, traffic accidents, changes of routes, etc.
Article 34 The urban management departments shall conduct regular supervision and inspection over transporters of domestic waste.
The urban management departments and the traffic management department of public security authorities shall establish a sound law enforcement cooperation mechanism whereby to strengthen joint inspections of law enforcement over transport vehicles of domestic waste.
Chapter 6 Classified Disposal
Article 35 In accordance with recycling and hazard-free disposal principle, advanced, mature and environmentally-friendly processing technologies shall be adopted to recycle the recyclables, to conduct hazard-free treatment on hazardous waste, to utilize kitchen waste with biochemical treatment, and to treat other waste with incineration electricity generation and landfill, thus to gradually achieve zero landfill of raw waste.
Article 36 The construction of domestic waste disposal facilities shall be in compliance with the concerned national, provincial and municipal standards, technical specifications. Technologies, equipment, materials that are used of domestic waste disposal facilities shall be in compliance with national standards.
Providers of domestic waste disposal services are encouraged to adopt advanced technologies higher than national or industrial standards.
Article 37 Domestic waste shall be processed by classification by the following organizations:
(1) Recyclables shall be treated by recyclable utilization enterprises or resource comprehensive utilization enterprises;
(2) Kitchen waste and other waste shall be disposed by licensed service providers of domestic waste treatment. Organic perishable waste produced in large farmers’ markets, vegetable and fruit markets, supermarkets, parks could be disposed by the operators thereof with technical means on the spot;
(3) Hazardous waste shall be disposed by licensed organizations of dangerous waste disposal.
Article 38 Organizations engaged in domestic waste disposal shall be subject to the following provisions:
(1) Receive and classify domestic waste in accordance with the time and requirements set by the competent departments;
(2) Establish sound safety regulation, equip safety facilities, formulate contingency plan, to ensure safe and steady operation of facilities;
(3) Conduct regular maintenance on facilities of site (plant) roads, plant, and waste treatment and their auxiliary facilities and equipment, and file the annual repair and maintenance plan for record with the urban management departments;
(4) Provide pollution treatment facilities and maintain their normal operation to treat waste water, waste air, waste residue and noises timely to prevent pollution to surrounding environment;
(5) Formulate environment monitoring plan and conduct such monitoring, entrust qualified inspectors to conduct environment tests, report the test results regularly to the local urban management departments and ecological environment administrative departments;
(6) Install an online monitoring system of pollutant emission at the disposal site, and connect the online monitoring system to the supervision system of the urban management departments and ecological environment administrative departments;
(7) Keep a managing account book that records the type, quantity, whereabouts of domestic waste that is received and disposed every day, and the waste residue and water during the disposal. And the book that keeps the record of last month shall be submitted to the local urban management department not later than the 10th of each month.
(8) Establish a disclosure system of environment information, whereby to regularly disclose to the public names of major pollutants, ways of emission, intensity and total of emission, excessive emission, as well as operation of facilities of domestic waste disposal, etc.;
(9) Not stop or close their business without authorization. They shall submit to the municipal urban management department a report in writing half a year in advance in case of necessary business stoppage and closure, which shall not be effective until being approved.
Chapter 7 Supervision and Administration
Article 39 The municipal, district and county people’s governments, the administrative committee of Xixian New Area and the administrative committees of all development zones shall establish and improve a comprehensive assessment system of domestic waste classification, which shall be made an assessment indicator, the outcome of which are to be published regularly.
Article 40 The urban management departments, sub-district offices, town people’s governments shall establish and improve the supervision and inspection system of domestic waste classification, whereby to conduct frequent supervision and inspection of domestic waste classification.
Article 41 The municipality shall implement the system of social supervisor of domestic waste classification. Selected and employed by the urban management department from the public, social supervisors shall include representatives of rural villagers, urban residents, deputy of people’s congress, CPPCC members of the surrounding area of facilities of domestic waste classification and representatives of third-party institutions.
Social supervisors shall be entitled to access to collection points, transfer stations and terminal treatment facilities of domestic waste, to know about the situation of disposal of domestic waste, operation of facilities of transfer and terminal treatment, to consult related data of environment supervision, and to make proposals and give advices.
Providers of services in collection, transport and disposal shall open related sites, provide related data to social supervisors and respond to inquiries thereof.
Social supervisors shall report to urban management departments of any problems concerned, the solution of which shall be replied by the urban management department in writing.
Article 42 The municipal, district and county people’s governments, the administrative committee of Xixian New Area and the administrative committees of all development zones shall formulate a contingency plan for collection, transport, disposal and the contingency mechanism.
In case of failure of normal collection, transport and disposal of domestic waste due to emergency, urban management departments shall immediately activate the contingency plan to make prompt arrangement of collection, transport and disposal of domestic waste.
Article 43 The municipal urban management department shall conduct regular investigations on the composition, nature and quantity of domestic waste, and carry out regular assessment of domestic waste classification. The investigation outcome and assessment report shall be made known to the public.
Article 44 The municipal, district and county people’s governments, the administrative committee of Xixian New Area and the administrative committees of all development zones shall gradually establish a whole-process supervision system of domestic waste classification, and create a whole-process supervision system, which shall be gradually connected to the same of ecological environment administrative departments.
Article 45 The municipal urban management department shall establish credit files of providers of collection, transport and disposal service of domestic waste, incorporate the regulation violation and settlement of service providers into credit files and crediting system of such services, conduct yearly assessment of service quality and credit rating of such service providers, with outcomes disclosed.
Article 46 The urban management departments shall disclose informant hotline numbers and provide complaint mailboxes to the public. Any organization or individual shall have the right to report or complain to urban management department’s violation of the regulations. The urban management departments shall promptly investigate and process reports or complaints received, the outcome of which shall be notified to reporter or complainant thereof.
Article 47 The municipal urban management department shall incorporate into the personal credit system any misconduct of individual that refuses to perform the duty of domestic waste classification under the regulations.
Article 48 The municipal urban management department may reward organizations and individuals who make excellent accomplishments in domestic waste classification. The reward by the municipal urban management department will be granted subject to approval of the municipal people’s government.
Enterprises, individuals are encouraged to provide capital, commodities, services as prizes that can be made available by collecting bonus points to mobilize individual and organizations to engage in domestic waste classification.
Chapter 8 Legal Responsibility
Article 49 Managers of domestic waste classification who violate Article 18 hereof shall be ordered to make correction by the urban management departments and imposed a fine of over 500 yuan ($69.86) and under 1,000 yuan if failing to make correction as required.
Article 50 Organizations and individuals who violate the provision of Article 19 hereof by delivering domestic waste at will shall be ordered to make correction by the urban management departments and imposed a fine of over 100 yuan and under 200 yuan for individuals; of over 5,000 yuan and under 20,000 yuan for organizations.
Article 51 Collecting organizations that violate the provision of Article 25 hereof by collecting domestic waste in mixture shall be ordered to make correction by the urban management departments and imposed a fine of over 5,000 yuan and under 30,000 yuan.
Article 52 Transport organizations of domestic waste that violate Article 28 hereof by transporting domestic waste in mixture that has been classified in collection shall be ordered to make correction by the urban management departments and imposed a fine of over 10,000 yuan and under 30,000 yuan.
Article 53 Transport organizations of domestic waste that violate Article 31 hereof shall be penalized by the urban management departments as follows:
(1) Correction shall be made as ordered and a fine of over 5,000 yuan and under 30,000 yuan shall be imposed on the violation of the provision of Clause 1 with domestic waste failing to be carried to domestic waste disposal sites;
(2) Correction shall be made as ordered and a fine of over1,000 yuan and under 2,000 yuan shall be imposed on the violation of the provisions of Clauses 2 and 5 for refusal of rectification;
(3) A fine of over 200 yuan and under 500 yuan shall be imposed on the violation of the provision of Clause 3 with no closed transport being conducted; correction shall be made as ordered and a fine of over 5,000 yuan and under 20,000 yuan shall be imposed on the violation in which waste spills and leaks take place on the way;
(4) A fine of over 2,000 yuan and under 5,000 yuan shall be imposed on the violation of the provision of Clause 4;
Article 54 Other violations of provisions hereof shall be governed by related laws and regulations that specify administrative penalties.
Article 55 Urban management departments, related administrative departments and town people’s governments, sub-district offices and staff thereof who violate the stipulation hereof, or fail to perform, or improperly perform the duty of domestic waste classification, shall be ordered to make correction by appointment and removal authorities or supervisory organs and the persons directly in charge and other responsible people shall be disciplined according to laws.
Chapter 9 Supplementary Provisions
Article 56 These Regulations shall take effect as of Sept 1, 2019.