The Administrative Measures of Wuhan City for the Classification of Domestic Waste, adopted upon deliberation at the 118th executive meeting of the Wuhan Municipal People’s Government on May 11, 2020, are hereby promulgated for implementation as of July 11, 2020.
Zhou Xianwang, Mayor
May 18, 2020
Administrative Measures of Wuhan City for the Classification of Domestic Waste
Article 1 To strengthen the management of domestic waste classification, improve the living environment, ensure sustainable economic and social development, and advance the construction of ecological civilization, the Administrative Measures of Wuhan City for the Classification of Domestic Waste (hereinafter referred to as the “Measures”) are formulated in accordance with the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste, the Administrative Regulations on City Appearance and Environmental Sanitation, the Administrative Measures for Urban Domestic Waste, the Administrative Regulations of Wuhan City on City Appearance and Environmental Sanitation, and other laws and regulations and in combination with the actual conditions of Wuhan City.
Article 2 The Measures shall apply to the classified discarding, collection, transport, and treatment of domestic waste; the supervision and administration thereof; and other activities within the administrative region of Wuhan City.
For the purpose of the Measures, domestic waste refers to the solid waste generated from activities in daily life or in activities providing services for daily life.
Where Wuhan City has other provisions on the management of kitchen waste, such provisions shall prevail.
Article 3 The management of domestic waste classification shall follow the principles of rule of law, promotion by the government, universal participation, overall planning of urban and rural areas, and local adaptation.
Article 4 The Wuhan Municipal People’s Government and people’s governments at the district level (including the administration committees of development zones and the scenic area, hereinafter “people’s governments at the district level”) shall establish comprehensive coordination mechanisms for the management of domestic waste classification, coordinate the management of domestic waste classification, and integrate the management of domestic waste classification into national economic and social development plans, and include the required funds in the budgets at corresponding levels.
Sub-district offices and people’s governments at the township level shall be responsible for the specific work of management of domestic waste classification within their respective jurisdictions.
Article 5 The municipal department of city management law enforcement is the competent department for the management of domestic waste classification in Wuhan City, responsible for preparing the objectives of management of domestic waste classification, formulating the guidelines for the discarding of classified domestic waste, organizing the improvement of facilities for discarding, collecting, transporting, and treatment of classified domestic waste, and guiding, assessing, and supervising the classification of domestic waste in Wuhan City. Departments of city management law enforcement at the district level shall be responsible for organizing the classified management of domestic waste within their respective jurisdictions.
Departments of ecology and environment shall be responsible for the monitoring of pollutant emissions from centralized domestic waste transport facilities, terminal treatment facilities and other places, as well as the supervision and management of pollution prevention and control during the storage, transport, and treatment of hazardous waste.
Housing security and management departments shall be responsible for urging property service enterprises to perform the duties of the person in charge of the management of domestic waste classification.
Commerce departments shall be responsible for guiding the recycling management of recyclables. Supply and marketing cooperatives shall be responsible for the formulation and implementation of the construction of resource recycling system for domestic waste classification in Wuhan City, as well as the recycling of renewable resources.
Departments of development and reform, finance, natural resources and planning, urban and rural development, market regulation, culture and tourism, health, education, and government offices administration shall, according to the division of responsibilities, competently perform the work related to the management of domestic waste classification.
Article 6 The Wuhan Municipal People’s Government and people’s governments at the district level and the relevant functional departments shall strengthen the publicity of domestic waste classification and enhance the public awareness of domestic waste classification. Radio stations, television stations, newspapers, networks, and other news media shall popularize the knowledge about domestic waste classification.
Trade unions, Communist Youth Leagues, women’s federations and other mass organizations as well as social organizations, such as social service institutions and foundations in Wuhan City shall leverage their respective advantages, publicize knowledge about the reduction of domestic waste from the source, the recycling of resources, and the discarding of classified domestic waste, carry out social practice, and mobilize people from all walks of life to participate in the classification of domestic waste.
Article 7 Environmental sanitation, renewable resources, property management, catering, hotels and other relevant trade associations in Wuhan City shall formulate industry self-discipline norms, guide and urge members to carry out the classification of domestic waste.
Article 8 Wuhan City encourages enterprises engaged in, among others, environmental sanitation, property services, and recycling of renewable resources to carry out market-oriented domestic waste classification services.
The role of price adjustment should be played, and fees shall be charged according to the categories and quantities of waste. Reduction of domestic waste from the source should be promoted, organic integration of the renewable resource recycling system and the collection and transport of classified domestic waste system should be implemented, recycling of low-value recyclables should be supported, and local treatment of domestic waste should be advocated to improve the scientificity and convenience of domestic waste treatment.
Article 9 Domestic waste in Wuhan City shall be classified into the following categories:
1. Recyclables, referring to domestic waste suitable for recycling, including paper, plastic, metal, glass, fabric, etc.;
2. Hazardous waste, referring to household hazardous waste included in the National Catalogue of Hazardous Waste, including lamp tubes, household chemicals, batteries, etc.;
3. Food waste (wet waste), referring to perishable domestic waste containing organic matter, including household food waste, restaurant food waste, and other food waste; and
4. Other waste, referring to the domestic waste other than recyclables, hazardous waste, and food waste (wet waste).
The specific classification standards for domestic waste can be adjusted according to the level of economic and social development, characteristics of domestic waste, and the needs of treatment and utilization.
Article 10 Wuhan City implements the system of responsible person for the management of discarding classified domestic waste. The management responsible person shall be determined in accordance with the following provisions:
1. Where the owner entrusts the property service enterprise to implement property management in the office and production sites of the Party and government organs, entities based in Wuhan City, enterprises and public institutions, social organizations, and other organizations, the property service enterprise shall be the responsible person; if property management is implemented by the owner, the owner shall be the responsible person;
2. For residential areas where property management is implemented, property service enterprises shall be the responsible person; for residential areas managed by the owners, the owners shall be the responsible person;
3. For roads, squares, parks, public green spaces, and other public places, the owner and management entity or the entrusted management entity shall be the responsible person;
4. For business places such as farmers’ markets, shopping malls, hotels, restaurants, exhibition and sales, and shops, the starter or operator shall be the responsible person; for airports, railway stations, coach stations, bus stations, rail transit stations, and other public places of tourism, culture, sports, entertainment, and commerce, the operation and management entity shall be the responsible person;
5. In rural areas, villagers’ committees shall be the responsible persons; and
6. Under other circumstances where the responsible person for the management of discarding classified domestic waste cannot be determined, the responsible person shall be determined by the local sub-district office or people’s government at the township level.
Article 11 The person responsible for the discarding of classified domestic waste shall fulfill the following obligations:
1. Set up classified domestic waste collection containers or points in accordance with regulations and keep the containers intact and in normal use;
2. Carry out publicity, guide and supervise the classification and discarding of domestic waste by entities and individuals, and advise against or stop acts that do not meet the requirements of the discarding of classified domestic waste;
3. Store the discarded classified domestic waste in centralized places that meet the collection and transport conditions and environmental control requirements or have it collected and transported by qualified enterprises by classification; and
4. Formulate a daily management system for classified domestic waste and establish a ledger for the management of classified domestic waste to record the categories, quantities, destinations, and other information about domestic waste generated in their areas of responsibility.
Article 12 Entities and individuals producing domestic waste are responsible for the discarding of classified domestic waste, and the discarding shall comply with the following provisions:
1. Domestic waste shall be classified and put into the collection containers at the designated collection points as required and shall not be dumped, scattered, burned, or stacked up at will;
2. For bulky waste or waste that needs to be split for processing, an appointment shall be made for renewable resources recycling services to collect it on site, or it shall be separately discarded at the points designated by the person responsible for the discarding of classified domestic waste; and
3. It is prohibited to mix industrial solid waste, construction waste, medical waste, and animal carcasses into domestic waste.
Qualified enterprises and public institutions and communities are encouraged explore the implementation of the discarding of classified domestic waste at designated time and points.
Article 13 Entities engaged in the collection, transport, and treatment of domestic waste shall obtain an operation and service license for domestic waste in accordance with the law; those engaged in the treatment of hazardous waste shall obtain an operation license for hazardous waste in accordance with the law. According to the List of Hazardous Waste Exempted from Management attached to the National Catalogue of Hazardous Waste, hazardous waste is exempted from management in the collection process, subject to meeting the exemption conditions of hazardous waste.
Departments of city management law enforcement may select, through bidding or by other means, qualified entities to engage in the cleaning, collection, transport, and treatment of food waste and residual waste as well as the collection of hazardous waste to temporary centralized storage sites of hazardous waste at the district level.
Departments of ecology and environment may select, through bidding or by other means, qualified entities to engage in the management of temporary classified storage of hazardous waste at temporary centralized storage sites of hazardous waste at the district level and the subsequent transport and treatment of hazardous waste.
The temporary centralized storage sites of hazardous waste at the district level prescribed in the present article shall be set up by people’s governments at the district level.
Article 14 The domestic waste discarded by classification shall be collected and transported by classification by qualified enterprises in accordance with the following provisions:
1. Domestic waste shall be collected and transported by classification in closed containers by vehicles clearly indicating the categories of domestic waste collected and transported;
2. Domestic waste shall be collected and transported to the qualified transfer or treatment sites, and the generated domestic waste shall be cleared on the same day;
3. It is prohibited to collect and transport the classified domestic waste in a mixed manner, discard, spill waste or leave sewage dripping along the collection and transportation route; and
4. Recyclables and hazardous waste shall be collected and transported on a regular or scheduled basis.
Article 15 If a classified collection and transport entity finds that the discarding of domestic waste does not meet the classification requirements, it shall notify the person responsible for the discarding of classified waste in a timely manner. If domestic waste is not classified as required and the responsible person refuses to make corrections after repeated education and persuasion, the entity may refuse to collect and transport the domestic waste.
Article 16 Wuhan City implements classified treatment of domestic waste. The treatment facilities shall conform to the relevant national, provincial, and municipal standards and technical specifications. The technology, equipment, and materials adopted shall comply with national standards. Disposal entities shall implement operating norms and abide by the following provisions:
1. Maintain the normal operation of domestic waste treatment facilities and equipment and treat the received domestic waste in a timely manner;
2. Treat domestic waste by classification in accordance with technical standards and do not mix the classified domestic waste for treatment; and
3. Regularly report information such as the source, quantities, and categories of the domestic waste received or treated to departments of city management law enforcement.
Article 17 Where laws, regulations, and rules set out any provisions on the handling of any violations of the Measures, such provisions shall prevail.
Article 18 In the case of any of the following violations of the Measures, the violator shall be ordered by the department of city management law enforcement to make corrections. If the violator refuses to make corrections, the violator shall be punished in accordance with the following provisions:
1. An entity failing to keep the classified collection containers of domestic waste intact and in normal use in accordance with Item 1 of Article 11 shall be ordered to make corrections within a prescribed time limit, and if it fails to make corrections within the prescribed time limit, a fine of no less than CNY 1,000 but no more than CNY 3,000 shall be imposed;
2. An entity failing to transport domestic waste to a place meeting collection and transport conditions and environmental control requirements or have the domestic waste collected and transported by classification by a qualified enterprise in accordance with Item 3 of Article 11 shall be ordered to make corrections within a prescribed time limit, and if it fails to make corrections within the prescribed time limit, a fine of no less than CNY 2,000 but no more than CNY 5,000 shall be imposed;
3. An entity failing to formulate a classified management system for domestic waste or establish a ledger by classification in accordance with Item 4 of Article 11 shall be ordered to make corrections within a prescribed time limit, and if it fails to make corrections within the prescribed time limit, a fine of no less than CNY 500 but no more than CNY 1,000 shall be imposed;
4. An individual failing to discard domestic waste by classification to the corresponding collection containers in accordance with Article 12 shall be ordered to make corrections, and if the person fails to make corrections, a fine of no less than CNY 50 but no more than CNY 200 shall be imposed;
5. An enterprise that collects and transports classified domestic waste mixing the classified domestic waste during collection or transport in violation of Article 14 shall be ordered to make corrections within a prescribed time limit, and if it fails to make corrections within the prescribed time limit, a fine of no less than CNY 5,000 but no more than CNY 30,000 shall be imposed; and
6. An entity failing to abide by the provisions on classified treatment in accordance with Article 16 shall be ordered to make corrections within a prescribed time limit, and if it fails to make corrections within the prescribed time limit, a fine of not less than CNY 30,000 but no more than CNY 50,000 shall be imposed. If any losses are caused, it shall be liable for compensation in accordance with the law.
Article 19 If a department of city management law enforcement, relevant administrative department, sub-district office, or people’s government at the township level or any functionary thereof fails to perform or does not correctly perform the duties of the management of classified domestic waste in accordance with the Measures, the violator shall be ordered by the appointment and removal organ or the supervisory organ to make corrections, and the directly responsible person in charge and any other directly responsible persons shall be punished in accordance with the law. If a crime is committed, criminal liability shall be investigated in accordance with the law.
Article 20 For the purpose of the Measures, development zones refer to the Wuhan East Lake High-tech Development Zone and the Wuhan Economic & Technological Development Zone. The scenic area refers to the Wuhan East Lake Ecotourism Scenic Area.
Article 21 The Measures shall come into force as of July 1, 2020. The Administrative Measures of Wuhan City for Municipal Domestic Waste (Order of the Wuhan Municipal People’s Government No. 103) promulgated by the Wuhan Municipal People’s Government on November 28, 1998 shall be repealed simultaneously.
Sent to: People’s governments at the district level and departments of the Wuhan Municipal People’s Government.
Hubei Provincial Department of Justice.
Wuhan Municipal Commission for Discipline Inspection, Wuhan Municipal Commission for Supervision, General Office of the Wuhan Municipal Party Committee, Wuhan Municipal Garrison Command, people’s organizations, and democratic parties.
General Office of the Standing Committee of the Wuhan Municipal People’s Congress, General Office of the CPPCC Wuhan Committee, Wuhan Municipal Court, and Wuhan Municipal Procuratorate.
News agencies and enterprises and public institutions affiliated to ministries in Wuhan City.
General Office of the Wuhan Municipal People’s Government
Issued on May 21, 2020