Adopted at the 28th meeting of the Standing Committee of the 13th Beijing Municipal People’s Congress on November 18, 2011, and revised in accordance with the Resolution on Revising the Beijing Municipal Regulations on the Management of Municipal Solid Waste adopted at the 16th meeting of the Standing Committee of the 15th Beijing Municipal People’s Congress on November 27, 2019
Contents
Chapter I General Provisions
Chapter II Planning and Facilities
Chapter III Reduction and Sorting
Chapter IV Collection, Transport, and Disposal
Chapter V Oversight and Supervision
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1
These Regulations are developed in accordance with relevant national laws and government regulations and with the actual conditions in Beijing for the purpose of strengthening the Chinese capital city’s management of municipal solid waste (MSW), so as to improve both its urban and rural environments, ensure its human health, maintain its ecological security and promote its sustainable economic and social development.
Article 2
These Regulations are applicable to MSW management within the jurisdiction of Beijing.
For the purposes of these Regulations, MSW includes solid waste generated by households and organizations in daily life and in services for daily life. It also includes construction and demolition waste (C&D waste) and other types of solid waste that are prescribed as such in laws and government regulations.
Hazardous waste, medical waste, and waste electrical and electronic products shall be managed by dedicated national laws, government regulations, and other relevant regulations of Beijing.
Article 3
MSW disposal is a public service vital for people’s lives. Every member of society in the city shall be responsible for protecting its public environment and conserving resources through enhanced MSW management.
Beijing shall combine municipal coordination and local execution for MSW management and gradually establish a robust service system for MSW disposal based on overall municipal coordination and local responsibility, under a law- and technology-based MSW management system featuring Communist Party of China (CPC) committee leadership, government execution, nongovernmental support, and public participation, and in accordance with the principle of reduction, recycling, and safe disposal of MSW as well as the principle of integrated urban and rural coordination, proper planning, and comprehensive use.
Article 4
MSW management is an important responsibility for all governments in Beijing.
The People’s Government of Beijing Municipality shall be responsible for leadership over MSW management in the city, incorporate MSW management into the city’s economic and social development plan, set MSW management objectives, develop a plan for the total source control of MSW in all districts, coordinate the facility layout, and formulate economic and technological policies and measures for reduction, recycling, and safe disposal of MSW, and ensure funding for MSW management.
District people’s governments shall be responsible for MSW management in the administrative areas under their respective jurisdictions, incorporate MSW management into their economic and social development plans, ensure funding for MSW management, fulfill MSW management objectives and the plan for the total source control of MSW defined by the People’s Government of Beijing Municipality. Based on local conditions, various ways can be adopted to carry out waste sorting, such as installing fixed MSW containers, and collecting and transporting MSW at fixed time and fixed places.
Subdistrict offices and town and township people’s governments shall be responsible for daily MSW management in the areas under their jurisdictions, guiding local urban residents’ committees and rural villagers’ committees in organizing the entities and individuals in areas under their jurisdictions to reduce and sort MSW.
Article 5
Municipal and district city management authorities shall be responsible for the comprehensive coordination, overall planning, supervision, guidance, inspection and assessment of MSW management, as well as the oversight and supervision of MSW delivery, collection, transport, disposal and recycling.
Other authorities shall, in accordance with their corresponding responsibilities, coordinate and cooperate with each other in MSW management.
Article 6
Entities and individuals shall comply with national and municipal regulations on MSW management, fulfil their responsibilities of MSW producers, reduce MSW, undertake their obligations of MSW sorting, and have the right to report violations against MSW management.
CPC and government organs and public institutions shall take the lead in MSW reduction and sorting to set a good example for others.
Article 7
Service providers of MSW cleaning, collection, transport and disposal shall provide services that are safe and meet environmental protection requirements in accordance with operating standards and relevant regulations.
Beijing shall formulate policies to encourage private sectors to invest in the fields of MSW cleaning, collection, transport, disposal and recycling.
Article 8
In accordance with the “polluter pays” principle, which means more discharge and more payment, less discharge and less payment, more payment for mixed waste and less payment for classified waste, the city shall establish a charging system that is metered, unbundled and easy to collect for MSW disposal, so as to strengthen charging management and promote MSW reduction, classification and recycling. Specific measures shall be formulated by municipal development and reform authorities in collaboration with municipal city management authorities, finance authorities and other authorities.
Entities and individuals shall pay due fees for the disposal of their MSW.
Article 9
The city shall be committed to using high standards to build and run MSW disposal facilities. It shall adopt advanced technology, take local conditions into consideration, and integrate incineration, biochemical treatment, and sanitary landfill in disposing of MSW to gradually reduce landfills.
The city shall support innovation in MSW disposal technologies and promote research and development as well as application of advanced technologies and processes for the reduction, recycling, and safe disposal of MSW so as to apply more technologies in MSW reuse and recycling.
Municipal science and technology authorities shall, in collaboration with municipal city management authorities and other authorities, take measures to encourage and support the research, development and application of reusable packaging materials and degradable waste bags.
The city shall encourage entities and individuals to use reused and recycled products as well as other products that are conducive to MSW reduction and recycling.
Article 10
The city shall take effective measures to increase public awareness of the reduction of MSW sources, whole-process sorting management, recycling and safe disposal, strengthen entities’ and individuals’ awareness of MSW sorting, and promote public participation in MSW sorting.
Newspapers, periodicals, radio, television, the internet and other media shall have more coverage on MSW management and provide the community with relevant information in order to enhance public awareness of waste sorting and reducing.
City management authorities shall open to the public facilities for centralized MSW collection, transport, and disposal, and set up centers for raising public awareness of MSW management.
Education authorities shall ensure that knowledge on MSW reducing, sorting, and disposal is taught at preschools and elementary and secondary schools.
Article 11
The city shall reward entities and individuals for their excellence in MSW management.
Chapter II Planning and Facilities
Article 12
Municipal city management authorities shall, in collaboration with other municipal government departments concerned, organize efforts to make a municipal plan for MSW management, which shall be implemented upon the approval by the People's Government of Beijing Municipality. The facility layout and land use involved in the plan shall be incorporated into the city’s urban-rural planning and land-use planning.
The city’s MSW disposal plan shall specify treatment approaches, the overall plan for installing facilities for centralized MSW collection, transport, disposal and recycling as well as means and capacity of the disposal.
Article 13
District people’s governments shall organize efforts to work out MSW disposal plans for their respective districts in line with the municipal MSW disposal plan and report their plans to municipal city management authorities for the record. Facilities involved shall be subject to the local detailed control plan.
District MSW disposal plans shall specify disposal approaches and the layout, technologies, and capacities of MSW disposal facilities.
Article 14
Public and expert consultation shall be needed in accordance with the law for urban-rural plans for MSW disposal facilities. A draft plan shall be published no less than 30 days for comments before its submission for approval. Consultation results and reasons shall be attached to the submitted draft.
Article 15
When preparing an annual implementation plan, annual investment plan and annual land supply plan for urban-rural planning, relevant municipal authorities shall make overall plans for the construction of major facilities for centralized MSW transport and disposal.
District people’s governments shall, in accordance with the overall municipal plans, formulate and implement annual plans for the construction of facilities for centralized MSW collection, transport, and disposal, and ensure their construction and operation.
Article 16
Land for centralized MSW collection, transport, and disposal specified in urban-rural planning and land-use planning shall not be used for any other purpose without due legal consents.
Municipal planning and natural resources authorities shall, in collaboration with city management, ecology and environment and other relevant authorities, formulate technical standards for the planning and management of MSW disposal facilities. They shall subject adjacent areas to control in accordance with the process and size of the facilities.
Article 17
The municipal government shall ensure funding and land for the construction and operation of facilities for centralized MSW transport and disposal and for environmental protection in surrounding areas.
Article 18
The construction, reconstruction, and expansion of facilities for centralized MSW collection, transport, and disposal shall conform to the municipal MSW disposal plan.
When approving and ratifying the construction of projects for centralized MSW transport and disposal, development and reform authorities shall consult with city management authorities on the technology, size, and service scope of the project. City management authorities shall provide timely comments.
Article 19
When constructing facilities for centralized MSW transport and disposal, an environmental impact assessment shall be conducted in accordance with the law to analyze, predict and assess possible impacts on the surrounding environment and propose environmental protection measures. The facility owner shall disclose the results of the environmental impact assessment to the public.
The facility owner shall consult entities, experts and the public before the submission of the environmental impact document. When submitting the environmental impact document, it shall attach the acceptance of opinions from relevant entities, experts and the public and the reasons.
MSW facilities shall be built in accordance with national and municipal standards. Measures such as airtightness, leachate treatment, deodorization and reduction of seepage, dust, noise shall be taken against any pollution. Where the existing facilities fail to meet standards, a treatment plan shall be formulated, and renovation shall be carried out within a time limit to meet requirements of environmental protection.
Article 20
Municipal city management authorities shall, in collaboration with municipal authorities for planning and natural resources, development and reform, and housing and urban-rural development, organize efforts to set up standards for MSW sorting facilities as a part of construction projects.
Municipal planning and natural resources authorities shall incorporate relevant standards for MSW sorting facilities as a part of construction projects into supporting construction indicators of public service facilities for construction projects in this city, and solicit opinions from city management authorities on the construction of support MSW classification facilities during the review of the administrative license of public construction projects.
Article 21
All construction, reconstruction, and expansion projects shall be equipped with appropriate MSW sorting facilities in accordance with the standard. The overall design shall include a site plan of the supporting facilities with clear indications of the area, location, and function.
Supporting facilities shall be designed, constructed and delivered for use simultaneously with the main works of the construction project. And its construction cost shall be included in the overall budget. Upon completion of construction, the project owner shall apply to city management authorities for inspection.
For a new residential construction project, the project owner shall disclose the location and function of MSW sorting facilities in the sales showcase, which shall also be clearly stated in the sales contract.
Article 22
No entity or individual shall be allowed to demolish, remove, convert, change or ban the use of the facilities for centralized MSW collection, transport, and disposal without authorization. If it is really necessary to demolish, remove, convert, or ban the use of these facilities, this shall take place upon the approval of city management authorities and ecology and environment authorities, provided that they are reconstructed, supplemented or provided with the replacement in advance in accordance with relevant regulations.
Article 23
In the shutdown of an MSW landfill, the landfill operator and manager shall follow relevant national and municipal standards and regulations, and properly maintain the closed landfill.
Chapter Ⅲ Reduction and Sorting
Article 24
Producers and distributors shall reduce the overuse of product packaging materials and the production of packaging waste in accordance with national and local regulations. Products and packages listed in the national catalogue of compulsory recycling shall be labeled and recovered accordingly.
In carrying out business activities in this city, companies operating express services shall use electronic waybills and biodegradable and reusable packaging materials, so as to reduce the overuse of packaging materials and the amount of packaging waste.
Where an e-commerce operator needs delivery services for the sale of commodities in this city, he/she shall choose a company operating express services with environmentally friendly packaging materials.
The city shall encourage companies operating express services to take measures to recycle used packaging materials.
Article 25
All entities and individuals shall reduce the use of disposable items or stop using them in accordance with regulations and give high priority to the purchase of reusable and recyclable products.
CPC and government organs as well as public institutions shall, on the premise of meeting confidentiality provisions, carry out paperless office work, increase the proportion of recycled paper and refrain from using disposable cups.
Article 26
This city shall prohibit production and sales of ultra-thin plastic bags. These bags shall not be used in supermarkets, shopping malls, trade markets and other commodity retail establishments, and plastic bags shall not be provided free of charge.
Catering businesses, food delivery companies and hotels shall not take the initiative to provide disposable chopsticks, forks, spoons, toiletries, etc. to consumers, and shall clearly post warning signs. The detailed catalogue of disposable items shall be formulated by municipal city management authorities, in collaboration with municipal authorities for market regulation, culture, tourism and commerce, and published to the public.
Catering businesses shall remind their customers of possible food waste where they order too much. Those who provide buffets may, after giving reminders, charge for leftovers exceeding a reasonable limit.
Catering industry associations shall ensure self-discipline and provide services in the process of food waste reduction. They shall guide enterprises’ behavior, promote advanced technology and urge the implementation of relevant regulations on kitchen waste management in the city.
Article 27
This city shall encourage the sale of clean vegetables. Municipal commerce authorities shall, in collaboration with municipal agriculture and rural affairs authorities, shall work out specific measures.
Kitchen waste disposers may be installed in residential areas and households where the condition permits.
Article 28
Municipal and district people’s governments shall speed up the construction of facilities for C&D waste recycling, improve treatment capacity and formulate policies on the integrated management and recycling of C&D waste to mitigate emissions of C&D waste, standardize its transport, recycle it, and scale up the use of recycled products.
Municipal city management authorities, housing and urban-rural development authorities, and other relevant authorities shall strengthen the overall monitoring and management of C&D waste. They shall formulate quality standards and technical codes for recycling C&D waste. They shall also take measures to encourage construction projects to use recycled C&D waste and recyclable building materials, and support the development of companies that recycle C&D waste.
Construction project owners and construction companies shall take measures to reduce C&D waste in accordance with relevant regulations on reduction of C&D waste emissions and green construction, and implement centralized C&D waste sorting at construction sites. They shall reuse C&D waste derived from construction where the condition permits.
Article 29
Municipal city management authorities shall, in collaboration with other relevant authorities, formulate a plan for establishing a robust renewable resource recovery system, rationally distribute outlets for recovering renewable resources, formulate management standards for recovering renewable resources, and regulate the market for recovering renewable resources to support the recovery of renewable resources.
Municipal development and reform authorities shall incorporate the system for reducing MSW sources, recycling MSW and strengthening producer responsibility into the policies of promoting the circular economy and cleaner production.
Article 30
Recyclables shall be dumped into recyclable collection containers, or be directly turned over to renewable resources businesses for disposal.
Municipal city management authorities shall formulate and publish a catalogue of recyclables in collaboration with relevant authorities, and incorporate the statistics of recycled waste into the MSW journal.
Article 31
Operators of renewable resources recovery shall register at district city management authorities, and abide by the following regulations:
(1) Prices of recyclables and the service phone number shall be published within the service area.
(2) Collection channels shall be expanded based on the catalogue of recyclables to collect all recyclables that shall be collected.
(3) Businesses shall be equipped with corresponding storage facilities and equipment, and store different types of items separately.
(4) Measures shall be taken to stop recyclables from being dropped or leaked during transport.
(5) Laws and regulations on fire protection, environmental protection, and cityscape and sanitation shall be abided by accordingly.
Renewable resources businesses may provide recycling services at a fixed site, at a fixed time and location, or by means of door-to-door recycling and other methods to facilitate entities and individuals to sell their recyclables.
Article 32
The city shall put in place an MSW sorting system under the principle of end-to-end management, seamless connection, reasonable sorting, and appropriate disposal. MSW of different types shall be sorted, collected, transported and disposed of separately. Specific rules shall be made by municipal city management authorities.
Municipal city management authorities shall, in conjunction with relevant authorities, formulate MSW sorting rules based on features and treatment methods of local MSW. The rules shall be conducive to reduction, recycling, identification and classification. They shall be published to the public and be subject to change as the MSW disposal structure changes.
Article 33
Entities and individuals that produce MSW shall be responsible for MSW sorting. They shall handle their MSW in accordance with the following regulations:
(1) Kitchen waste, recyclables, hazardous waste and other waste shall be placed in dedicated waste containers with corresponding identification.
(2) Bulky waste such as used furniture and home appliances shall be separately placed at the site designated by persons in charge of MSW classification.
(3) C&D waste shall be separately placed in accordance with the time, place and requirements designated by persons in charge of MSW classification management.
(4) Dirt generated in the daily life of rural households shall be individually placed in dedicated waste containers or at the location designated by persons in charge of MSW classification.
(5) Other national and local regulations on MSW sorting shall be applied.
Article 34
The city shall implement a system of MSW sorting managers. MSW sorting managers shall be determined as follows:
(1) Property management companies shall be responsible for waste sorting in urban residential areas under their jurisdictions, including residential quarters, alleys, and streets; entities shall be responsible for waste sorting in urban residential areas under their jurisdictions.
(2) Villagers’ committees shall be responsible for waste sorting in rural residential areas under their jurisdictions.
(3) CPC and government organs, military units, enterprises, public institutions, social organizations and other organizations shall be responsible for waste sorting in their office areas.
(4) For public buildings, responsibility shall lie with their owners; where their owners place them under the management of entities, responsibility shall lie with such entities.
(5) For construction sites, responsibility shall lie with project owners.
(6) For places like markets, shopping malls, exhibition venues, restaurants, and street stores, responsibility shall lie with their operators.
(7) For airports, and railway, coach, bus and rail transit stations, responsibility shall lie with their managers.
(8) For rivers and lakes and their areas, responsibility shall lie with their managers.
(9) For parks, scenic sites and tourist attractions, responsibility shall lie with their managers.
(10) For urban roads, highways, and other auxiliary facilities such as pedestrian overpasses and underpasses, responsibility shall lie with their cleaning service providers.
Where MSW sorting managers cannot be identified in accordance with the preceding paragraphs, local subdistrict offices or town and township people’s governments shall determine MSW sorting managers and publish them to the public.
Article 35
MSW sorting managers shall abide by the following regulations:
(1) Establishing a routine management system for MSW sorting.
(2) Enhancing public awareness of MSW sorting within the scope of their responsibility and assigning people to guide and oversee entities and individuals in MSW sorting.
(3) In accordance with the amount of MSW, MSW sorting methods, and relevant regulations, placing MSW containers; keeping them in good condition and clean; and where containers are worn out, defaced or insufficient, repairing, replacing, cleaning, or supplying them in time.
(4) Setting the dumping time and places for different types of MSW for separate collection and storage.
(5) Signing contracts for MSW collection and transport with qualified operators. Contract formats shall be worked out and published by municipal city management authorities in collaboration with other relevant authorities.
(6) Stopping sorted waste from being meddled or mixed in time.
(7) Following other relevant national and municipal regulations.
MSW sorting managers shall have the right to request the person to make corrections where they find he/she does not dump MSW in accordance with sorting standards. Where the person in question refuses to correct the error, MSW sorting managers shall report it to authorities for city management and law enforcement.
Municipal housing and urban-rural development authorities shall urge property management companies to fulfill the obligations of MSW sorting managers in accordance with the law.
Article 36
MSW sorting managers shall place MSW sorting containers in accordance with the following regulations:
(1) CPC and government organs, enterprises, public institutions, social organizations and other entities shall, in their offices or places of production and business operation, place MSW containers for kitchen waste, recyclables, hazardous waste and other waste, where needed;
(2) Residential communities and natural villages shall place two kinds of MSW containers for kitchen waste and other waste in public areas in groups, and shall place recyclables and harmful waste collection containers at more than one places where MSW is to be deposited; and
(3) In other public places, two kinds of collection containers for recyclables and other waste shall be placed, where needed.
MSW sorting managers may place more viable MSW collection containers in accordance with the types of recyclables and hazardous waste and the needs of disposal and utilization.
Municipal city management authorities shall formulate and make public specifications for the color, graphic signs, and placing standards and locations of MSW containers.
Article 37
MSW sorting managers shall, in accordance with regulations, register at subdistrict offices and town and township people’s governments for MSW discharge, submit MSW collection and transport contracts for future reference.
MSW sorting managers shall keep MSW journals about the categories, quantities, transporters, and destinations of MSW actually generated in areas under their jurisdictions. They shall submit reports to local subdistrict offices and town and township people’s governments at regular intervals.
Subdistrict offices and town and township people’s governments shall enter the data into the MSW management system in a timely fashion.
Article 38
Entities that intend to develop construction, reconstruction or expansion projects and entities that are to demolish buildings, structures, etc. or build city roads, highways, etc. shall apply for a waste disposal license ahead of the operation in accordance with the law. The waste disposal license shall be posted at the construction site.
A waste disposal license shall also be needed as part of the document for debris dumping when the demolition project owner gets registered at housing and urban-rural development authorities for any demolishing work.
Article 39
C&D waste generated in home improvement shall be placed separately in accordance with MSW sorting managers’ requirements, including time, location, etc., and pay for the disposal of the waste; MSW sorting managers shall be licensed for debris disposal as required by law.
Article 40
Entities and individuals shall place MSW at the time and location announced by MSW sorting managers, and no littering shall be allowed.
Chapter Ⅳ Collection, Transport, and Disposal
Article 41
Municipal city management authorities shall, in collaboration with authorities for transport, housing and urban-rural development, and traffic management departments of public security organs, formulate administrative norms and technical standards for MSW collection, transport, and disposal in accordance with the provisions of laws, government regulations and these Regulations.
Article 42
Licenses shall be required of any company intending to provide MSW collection and transport services.
Article 43
Only certified vehicles shall be used for MSW transport. Kitchen waste and C&D waste in the forms of grit, dirt, dust, mortar, etc. shall be transported with designated vehicles in compliance with relevant regulations.
Article 44
Entities that collect or transport MSW shall abide by the following rules:
MSW shall be collected and transported on schedule and in ways that are appropriate to the waste type. Depending on its amount, type and operating hours for disposal, MSW shall be collected and transported with proper collection tools and vehicles and by qualified staff;
(2) MSW shall be segregated and shipped to collection centers or other qualified transit and disposal facilities. Mixing of MSW of different types, random dumping, discarding, littering and piling shall be prohibited;
(3) An MSW journal shall be kept to record the source, type, amount and transit of MSW, and submitted to district city management authorities;
(4) Other relevant national and local regulations shall apply.
Where an entity for MSW collection or transport discovers that MSW delivered by MSW sorting managers does not meet the sorting standards, it shall have the right to request correction; where the MSW sorting managers in question refuse to make corrections, it shall report to authorities for city management and law enforcement.
Article 45
Operators of MSW transport and disposal facilities shall receive, segregate and dispose MSW in accordance with requirements.
An MSW disposal license issued by city management authorities shall be required of any company operating MSW disposal business.
A permit issued by city management authorities shall be required for setting up C&D waste disposal facilities.
Article 46
Project owners shall hand over C&D waste to certified carriers, which shall transport the waste to qualified C&D waste disposal facilities, following the time, route, and manners of handling as specified in the permit. Where recycled on the spot, C&D waste shall be handled with proper equipment in appropriate ways according to the C&D waste recycling disposal requirements.
Project owners shall provide C&D disposal facilities with waste information, including type, amount, carrier, and transit in a timely fashion. The disposal facilities shall report to city management authorities once any inconsistence is detected between the actual amount of the waste received and the amount reported by the project owners.
Article 47
Municipal and district people’s governments shall speed up the construction of disposal facilities for kitchen waste in order to increase waste handling capacity. They shall take steps to increase the capacity for onsite disposal of kitchen waste and provide guidance and subsidies for the construction and operation of onsite disposal facilities in accordance with the principle that kitchen waste disposal shall be handled in centralized or decentralized manner. Authorities for city management, development and reform, and finance shall develop specific measures for implementation.
Catering providers shall collect their own kitchen waste separately and hand it over for centralized handing by certified companies for MSW collection, transport, and disposal; large size operators which have the capability to handle waste disposal in situ shall build their own onsite disposal facilities in accordance with municipal standards for kitchen waste disposal or recycling in situ.
It shall be prohibited to feed poultry or livestock with untreated kitchen waste; or to produce cooking oil made from waste cooking oil or fats for sale or dietary use. Kitchen waste collection and transport by unlicensed entities or individuals shall also be prohibited.
Article 48
Where a new large wholesale market, trade market, or distribution center for fruits and vegetable is built, the owner shall, in accordance with the plan and the standards, set up onsite disposal facilities for unwanted fruits and vegetables. Where an established large wholesale market, trade market, or distribution center for fruits and vegetables is not equipped with onsite disposal facilities for unwanted fruits and vegetables, its owner or operator shall build these facilities. Where the operator does not have the conditions for supplementary construction, it shall abide by Article 35 and fulfill the responsibilities of MSW sorting managers.
Park and landscape management authorities shall arrange for building facilities for centralized disposal of fallen tree branches, leaves, and flowers in parks, gardens, and public green areas.
Article 49
District people’s governments may set up teams for MSW collection and transport in rural areas, or entrust qualified companies through open bidding for collecting, sorting, and transporting MSW in rural areas.
Kitchen waste generated in rural areas shall be handled in situ or in a centralized facility using biochemical technologies, as part of the requirement for agricultural waste recycling.
The grit and dirt generated from rural residents’ daily activities shall be landfilled away from water sources and residential areas.
Article 50
The city shall establish a compensation mechanism for trans-district MSW disposal. In this mechanism, the people’s governments of the districts where MSW is generated shall compensate the district where the MSW is disposed of, at a level commensurate with the amount of the MSW to handle.
Article 51
Operators for centralized MSW transport and disposal facilities shall comply with the following requirements:
(1) MSW shall be handled following applicable regulations and technical standards;
(2) Wastewater, exhaust, residuals and dust resulting from MSW treatment shall be properly managed following applicable regulations, to make sure facilities of centralized MSW transport and disposal meet national and municipal standards for emissions;
(3) Labs shall be set up or professional testing institutes commissioned to obtain regular parameters of MSW and leachate, and the parameters shall be kept record of;
(4) An online monitoring system shall be established in accordance with applicable requirements. Relevant indicators of disposal facilities shall be monitored, and the results shall be uploaded to the MSW management information system;
(5) A journal of MSW disposal shall be kept, and data, forms and related information shall be submitted to the relevant authorities in accordance with applicable requirements;
(6) The pollution control indicators of transport facilities and the operation data of disposal facilities shall be made public in accordance with requirements;
(7) Supporting facilities shall be set up for public communication and exhibition, which shall open to the public on predetermined open days; and
(8) Other national and municipal regulations shall apply.
Where the operator for centralized MSW transport and disposal facilities receives MSW which does not meet the sorting standards, it shall have the right to request entities for MSW collection and transport to make corrections; it shall report entities that refuse to make corrections to authorities for city management and law enforcement.
Chapter Ⅴ Oversight and Supervision
Article 52
People’s governments at all levels of this city shall establish a robust system for integrated performance review of MSW management, which shall be included in the overall government performance indicators.
Article 53
City management authorities shall increase IT application and establish a robust end-to-end MSW management regime. It shall also build an administrative information system covering MSW dumping, collection, transport, and disposal, so as to apply more technologies in MSW management.
Article 54
City management authorities shall, in collaboration with other authorities concerned, monitor the entire process from waste sorting, segregated collection, segregated transport, to appropriate disposal, making sure the records related to the waste handling process are generated in copies, charging fees based on different MSW types and carrying out performance-based management; they shall also order corrections immediately, once any non-compliant activity in the process is detected.
Ecology and environment authorities shall monitor, on a regular basis, the pollutant emissions from centralized MSW transport and disposal, and release the results in accordance with applicable regulations.
Relevant administrative authorities may entrust a third-party entity with required licenses to monitor the amount and nature of the MSW to be disposed of and the waste disposal’s environmental impact, where inspection is needed.
Article 55
The city shall establish a mechanism for coordinating kitchen waste end-to-end monitoring and law enforcement, which shall be incorporated into the grid management system for each jurisdiction.
Authorities for market regulation, ecology and environment, city management and law enforcement, etc. shall include waste discharge and flow in their routine inspection on the operations of catering providers; authorities for city management and law enforcement and traffic management departments of public security organs shall strengthen their inspection on the vehicles of waste collection and transit.
City management authorities shall, in collaboration with ecology and environment authorities and other authorities concerned, oversee and supervise the construction and operation of onsite kitchen waste disposal facilities, and monitor their environmental impact.
Article 56
City management authorities shall provide the public with phone numbers, mailbox and email addresses through which reports and complaints of misconduct in MSW management can be submitted, and handle the reports and complaints as required by laws.
Reporters shall be rewarded where their reports are verified to be faithful. Municipal city management authorities shall develop specific measures for implementation and inform the public accordingly.
Article 57
City management authorities shall, in collaboration with other authorities concerned, develop a mechanism for coordination and collaboration on MSW oversight, supervision, and law enforcement, making sure regular updates are provided, so that the information and data of MSW oversight and supervision shall be shared in a timely manner.
Law enforcement organs shall, in accordance with these Regulations, have the right to take the following measures for oversight and supervision of MSW:
(1) to enter into production and operation sites for onsite inspection;
(2) to consult and copy documents and materials related to the matters under inspection;
(3) to seal up and detain facilities and tools used in illegal activities in accordance with the law; and
(4) to request the assistance of public security organs for the investigation of relevant illegal acts.
Article 58
Subdistrict offices and town and township people’s governments shall incorporate MSW management into grassroots social governance and strengthen organization, coordination, and guidance.
Subdistrict offices and town and township people’s governments may organize and guide urban residents’ committees or rural villagers’ committees within their respective jurisdictions to bring MSW sorting provisions into residents’ or villagers’ codes of conduct. They may also appoint neighborhood supervisors for MSW reduction and sorting, who shall help residents increase their awareness of MSW sorting.
Subdistrict offices, town and township people’s governments, and MSW sorting managers may encourage entities and individuals to reduce and sort MSW through incentive measures such as rewards, citations, and reward points.
Article 59
Municipal and district people’s governments and their relevant departments, subdistrict offices, and town and township people’s governments shall support and encourage volunteers, voluntary service organizations and other social organizations to carry out communication, demonstration and other activities on MSW sorting, and to participate in MSW governance.
Article 60
The city shall implement a system of MSW management supervisors.
Municipal and district city management authorities will select from the public a certain number of MSW management supervisors, who shall participate in the oversight and supervision of centralized MSW disposal facilities. Local residents around facilities shall be represented among the supervisors.
Supervisors shall have the right to monitor the operation of the facilities for centralized MSW disposal, enter relevant places, learn about pollution control measures and their implementation, and access environmental monitoring data. In the meanwhile, they shall comply with relevant safety codes. Facility operators shall provide supervisors with all the necessary support and assistance.
Article 61
Associations of industries such as environmental sanitation, the circular economy, property services, tourism and hotels, catering and cooking, housekeeping services, and commercial retail shall be supported to formulate industrial self-discipline codes, and carry out industry training. They shall work together to participate in and promote MSW governance.
Article 62
If an entity is subject to an administrative penalty or administrative compulsion in violation of these Regulations, law enforcement organs shall publish the relevant information on the public credit information platform of this city.
Chapter VI Legal Liability
Article 63
All of this city’s government departments, law enforcement organs and their staff, where found of having misconduct or activities in MSW management in violation of applicable laws, shall be ordered to make corrections by competent authorities, and the directly responsible leaders and other directly responsible persons shall be held legally liable; they shall be investigated for criminal responsibility where their conduct constitutes a crime.
Article 64
In the case of a violation of paragraph 1 of these Regulations’ Article 21, a project owner that fails to build appropriate MSW sorting facilities in accordance with the standard shall be penalized for not following the requirements specified in the construction planning permit, by planning and natural resources authorities based on the laws and government regulations on urban-rural planning.
Article 65
In the case of a violation of paragraph 1 of these Regulations’ Article 26, a supermarket, shopping mall, trade market or any other commodity retail establishment that uses ultra-thin plastic bags shall be ordered by market regulation authorities to make corrections immediately and be imposed a fine between RMB 5,000 and RMB 10,000. If it violates the regulation again, it shall be fined between RMB 10,000 and RMB 50,000.
In the case of a violation of paragraph 2 of these Regulations’ Article 26, a catering business, food delivery company or hotel that provides disposable products to its consumers on its own initiative shall be ordered by authorities for city management and law enforcement to make corrections immediately and be imposed a fine of between RMB 5,000 and RMB 10,000. If it violates the regulation again, it shall be fined between RMB 10,000 and RMB 50,000.
Article 66
In the case of a violation of these Regulations Article 31, an operator of renewable resources recovery that fails to store different types of items separately shall be ordered by authorities for city management and law enforcement to make corrections within a time limit and be imposed a fine between RMB 1,000 and RMB 5,000. If it violates the regulation again, it shall be fined between RMB 5,000 and RMB 10,000.
Article 67
An entity that violates Article 33 of these Regulations shall be ordered by authorities for city management and law enforcement to make corrections immediately and be imposed a fine of RMB 1,000. If it violates the regulation again, it shall be fined between RMB 10,000 and RMB 50,000.
An individual who violates Article 33 of these Regulations shall be dissuaded by MSW sorting managers. For someone who refuses accept the dissuasion, MSW sorting managers shall report to authorities for city management and law enforcement, which shall give a written warning. He/she who violates the regulation again shall be fined between RMB 50 and RMB 200.
Individuals who shall be punished in accordance with the preceding paragraph and voluntarily participate in community service activities such as MSW sorting shall not be subject to an administrative penalty.
Article 68
MSW sorting managers in violation of paragraph 1 (1), (2), (3), (4) or (6) of these Regulations’ Article 35 shall be ordered by authorities for city management and law enforcement to make corrections immediately and fined between RMB 3,000 and RMB 30,000.
In the case of a violation of paragraph 1 (5) of these Regulations’ Article 35, where an MSW sorting manager hands over MSW to unlicensed or unregistered companies or individuals for disposal, it shall be ordered to make corrections immediately, and fined between RMB 10,000 and RMB 100,000, by authorities for city management and law enforcement.
Article 69
In the case of a violation of paragraph 1 of these Regulations’ Article 37, where an MSW sorting manager fails to register for MSW discharge or provides false information for the registration, it shall be ordered to make corrections within a time limit by authorities for city management and law enforcement and shall be fined between RMB 1,000 and RMB 5,000.
In the case of a violation of paragraph 2 of these Regulations’ Article 37, where an MSW sorting manager fails to keep a MSW management journal, or fails to faithfully record the discharge of MSW within the scope of its responsibility, it shall be ordered to make corrections and fined between RMB 1,000 and RMB 10,000 by authorities for city management and law enforcement.
Article 70
An MSW collection and transport service provider that violates paragraph 1 (1) of these Regulations’ Article 44 shall be ordered by authorities for city management and law enforcement to make corrections within a time limit and be fined between RMB 10,000 and RMB 30,000. In the case of a serious violation, the MSW collection and transport license shall be revoked by authorities for city management and law enforcement.
An MSW collection and transport service provider that violates paragraph 1 (2) of these Regulations’ Article 44 shall be ordered by authorities for city management and law enforcement to have the waste removed, and be imposed a fine between RMB 20,000 and RMB 100,000; in the case of a serious violation, the MSW collection and transport license shall be revoked by authorities for city management and law enforcement.
An MSW collection and transport service provider that violates paragraph 1 (3) of these Regulations’ Article 44 shall be ordered corrections within a time limit by authorities for city management and law enforcement, and be imposed a fine between RMB 1,000 and RMB 10,000; in the case of a serious violation, the MSW collection and transport license shall be revoked by authorities for city management and law enforcement.
Article 71
In the case of a violation of paragraph 1 of these Regulations’ Article 45, where an operator of MSW transport and disposal facilities fails to receive, segregate or dispose of MSW in accordance with requirements, authorities for city management and law enforcement shall order it to make corrections within a time limit, impose a fine between RMB 50,000 and RMB 100,000, and in the case of a serious violation, revoke its MSW disposal license or the C&D waste disposal license.
Article 72
If a construction project owner or a demolition project executor disposes of C&D waste in violation of paragraph 1 of these Regulations’ Article 46, authorities for city management and law enforcement shall order corrections within a time limit and impose a fine between RMB 10,000 and RMB 100,000.
Article 73
If a catering provider collects and disposes of kitchen waste in violation of paragraph 2 of these Regulations’ Article 47, authorities for city management and law enforcement shall impose a fine between RMB 10,000 and RMB 100,000; in the case of a serious violation, it shall be ordered to suspend business for rectification.
In the case of a violation of paragraph 3 of these Regulations’ Article 47, anyone who feeds livestock and poultry untreated kitchen waste, or produces cooking oil with waste cooking oil or fats for sale or dietary use shall be investigated and penalized by authorities for agriculture and rural affairs, market supervision, etc. within the scope of their mandates and duties; where the conduct constitutes a crime, the offenders shall be investigated for criminal responsibility in accordance with the law.
If an unlicensed entity or individual collects and transports kitchen waste in violation of paragraph 3 of these Regulations’ Article 47, authorities for city management and law enforcement shall temporarily impound its or his/her vehicles and confiscate the kitchen waste and the containers it or he/she illegally handled, and impose a fine between RMB 10,000 and RMB 100,000. For violations of road-use provisions in traffic safety laws and regulations, the traffic management department of public security authorities shall investigate for criminal responsibility in accordance with the law.
Article 74
For violations of paragraph 1 (1) and (2) of these Regulations’ Article 51, authorities for city management and law enforcement shall order corrections within a time limit by the operator of centralized MSW transport and disposal facilities, and impose a fine between RMB 30,000 and RMB 100,000. In the case of a serious violation, they shall revoke its MSW disposal license. Where the discharge fails to meet applicable standards, and entities and other individuals suffer as a result, compensations shall be made to them in accordance with the law.
In the case of violations of paragraph 1 (3) and (4) of these Regulations’ Article 51, authorities for city management and law enforcement shall order corrections within a time limit by the operator of centralized MSW transport and disposal facilities for failure to carry out testing as required, and impose a fine between RMB 30,000 and RMB 100,000. They shall also order corrections within a time limit for failures to upload data to city management authorities’ information system for supervising the operation of MSW disposal facilities, and impose a fine between RMB 2,000 and RMB 20,000.
For violations of paragraph 1 (5) of these Regulations’ Article 51, authorities for city management and law enforcement shall order the operator of centralized MSW transport and disposal facilities to make corrections within a time limit and impose a fine between RMB 1,000 and RMB 10,000. In the case of a serious violation, they shall revoke its MSW disposal license.
In the case of violations of paragraph 1 (6) and (7) of these Regulations’ Article 51, where an operator of centralized MSW transport and disposal facilities fails to make public the pollution control indicators of transport facilities and the operation data of disposal facilities or open the facilities to the public, it shall be ordered to make corrections immediately by authorities for city management and law enforcement and be fined RMB 2,000; if it refuses to make corrections, it shall be imposed a fine between RMB 2,000 and RMB 30,000.
Article 75
Where a violation of these Regulations is not provided for in these Regulations, but can be referred to the Beijing Municipal Regulations on Cityscape and Sanitation for sanctions, it shall be dealt with by authorities for city management and law enforcement in accordance with the said regulations.
Article 76
In the case of a violation of these Regulations, anyone who interferes with or obstructs MSW management supervisors or inspectors in the course of their legal duty, besieges MSW collection and disposal facilities and MSW transport vehicles, or hinders construction and normal operation of MSW disposal facilities, to the extent of violating public security administration, shall be penalized by a public security organ in accordance with the Law of the People’s Republic of China on Penalties for Public Security Administration.
Chapter VII Supplementary Provisions
Article 77
Definition of terms
(1) MSW sorting facilities as a part of a construction project include waste sorting stations (rooms), waste sorting and collection houses, and closed waste sorting and cleaning stations.
(2) Kitchen waste refers to perishable waste generated in the household such as vegetable leaves, fruit peels and cores, leftovers, and discarded food, food residues, food processing waste and waste cooking oil generated in food processing, catering, and company meal preparation, by catering businesses and staff canteens of CPC and government organs, military units, schools, companies, public institutions, etc., and vegetable and fruit garbage, carrion, meat bones, aquatic products, livestock and poultry offal in trade markets and wholesale markets of agricultural products. Waste cooking oil refers to inedible animal fats, vegetable oil and oil-water mixture.
(3) Recyclables refer to unwanted items generated in daily activities or as a result of serving their original purposes, which have lost their original use value entirely or partially, but can be reprocessed into production materials or the reusable. They mainly include wastepaper, plastics, glass, metals, electronic waste, and fabric.
(4) Hazardous waste refers to the toxic and harmful substances in MSW, mainly including waste batteries such as nickel cadmium batteries, mercuric oxide batteries, and lead-acid batteries; waste fluorescent tubes such as daylight lamps and energy-saving lamps; thermometers, waste sphygmomanometers, drugs and its packaging materials; waste paint, solvents and its packing materials; waste insecticide, disinfectant and its packaging materials; waste film; and waste photographic paper.
(5) Other waste refers to MSW other than kitchen waste, recyclables, hazardous waste, and MSW whose categories are difficult to identify.
(6) C&D waste refers to dirt, unwanted materials and other wastes generated by project owners and construction companies in constructing, reconstructing, expanding or demolishing buildings and structures and in constructing urban roads and expressways, and by residents in implementing home improvement projects. C&D waste shall be managed as MSW.
(7) Catering service providers refers to catering businesses, catering delivery service providers and staff canteens of CPC and government organs, military units, schools, companies, public institutions, etc.
(8) MSW collection and transport service providers include companies with licenses for operating MSW collection and transport, and public institutions that maintain environmental hygiene.
Article 78
These Regulations shall go into effect on March 1, 2012.
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(All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)