Procedures of Shanghai Municipality on the Administration of Renewable Resource Recovery

• Document Number：Decree No. 87 of Shanghai Municipal People's Government
• Area of Law： Energy Resources
• Level of Authority： Local Government Rules
• Date issued：09-17-2012
• Status： Effective
• Issuing Authority： Shanghai Municipality

Decree of Shanghai Municipal People's Government
(No. 87)
The Procedures of Shanghai Municipality on the Administration of Renewable Resource Recovery were adopted at the 152nd Routine Meeting of the Municipal People's Government on September 10, 2012, and are hereby promulgated. They shall be effective as of December 1, 2012.
Mayor: Han Zheng
September 17, 2012
Procedures of Shanghai Municipality on the Administration of Renewable Resource Recovery
(Promulgated by Decree No. 87 of Shanghai Municipal People's Government on September 17, 2012)
Chapter I General Provisions
Article 1 (Purposes and Basis)
With a view to strengthening the management over recovery of renewable resource, saving resources, protecting environment, and maintaining public order, these Procedures are formulated in accordance with the Cleaner Production Promotion Law of the People's Republic of China, the Law of the People's Republic of China on Prevention and Control of Environmental Pollution by Solid Wastes, and other laws and regulations, and in the light of the actual circumstances of this Municipality.
Article 2 (Application Scope)
Renewable resource mentioned in these Procedures refers to various kinds of wastes which are produced in the process of social production and personal consumption, have lost all or part of the value in use, and can regain the use value after recovery, storage, processing and handling.
Where laws, rules and regulations have other provisions on the recovery of scraped cars, waste electric and electronic products, hazardous wastes and medical wastes, such provisions shall prevail.
Article 3 (Duties of the Administrative Departments)
The municipal administrative department of commerce is the competent administrative department of the renewable resource recovery trade in this Municipality. The district/county administrative department of commerce takes the responsibility of renewable resource recovery management within its own administrative area.
The municipal and district/county administrative departments of development & reform, economy and informatization, planning, land and resources, greening and city appearance, construction and communications, building administration, state-owned assets, finance, public security, industry and commerce, environmental protection, education, and statistics shall, according to their respective duties and functions, conduct good relevant management performance in renewable resource recovery.
Article 4 (Duties of the District/county People's Government)
The district/county people's government shall strengthen the leadership over the renewable resource recovery work within its own administrative area, establish and improve accountability system and appraisal system for promoting renewable resource recovery, urge and coordinate the district/county commerce department and other departments to perform the duties of promoting the recovery of renewable resource and strengthening the administration over the renewable resource recovery.
The sub-district offices and town/township people's governments shall cooperate with relevant departments in conducting good management performance in renewable resource recovery.
Article 5 (Trade Association)
Shanghai Resource Recycling Association (hereinafter referred to as SRRA) shall enhance self-regulation, supervise the members' operational activities, cooperate with the commerce department in studying and formulating the industry development planning, industry policies and operating norms, and conduct consultation service, business training, and industry information release according to law.
The SRRA shall accept professional guidance of the commerce department, and assist relevant departments to exercise administration over the renewable resource recovery industry.
Chapter II Construction of Recovery System
Article 6 (Industry Development Planning and Recovery Guidance Catalogue)
The municipal commerce department shall, according to this Municipality's national economic and social development planning, and development planning for recycling economy as well as the situation of renewable resource recovery industry, organize the preparation of the development planning for renewable resource recovery industry.
The municipal commerce department shall, jointly with the municipal administrative departments of development & reform, greening and city appearance, environmental protection, construction and communications, economy and informatization, draw up and make public the Guidance Catalogue for Renewable Resource Recovery, clarify recovery types and norms of renewable resource and the related utilization guide and update the Guidance Catalogue for Renewable Resource Recovery as needed.
Article 7 (Network Layout Planning and Facilities Construction)
The municipal and district/county commerce departments shall organize the preparation of the layout planning of renewable resource recovery network according to the principles of "overall planning and rational layout", and the actual circumstances of their respective administrative areas including the economic development level, population density, environment and resources, and bring such planning into corresponding urban and rural planning upon approval by provided procedures.
The network layout planning of renewable resource recovery and the related facilities' construction activities may be integrated with the planning and facilities construction of city appearance and sanitation; and compatibility and sharing be realized in those areas where conditions permit.
The "renewable resource recovery network" mentioned in this Article includes various kinds of places where the renewable resources stay in the process of recovery, transit, distribution, processing and handling.
Article 8 (Collection Points of Demonstration)
The municipal and district/county commerce departments shall, according to the network layout planning of renewable resource recovery, support the operators of renewable resource recovery to set up collection points of demonstration with unified marks at the venues of shopping malls, supermarkets, commercial buildings, and residential areas, so as to popularize convenient trading pattern, introduce advanced recovery technology, and implement stimulus policies and measures for recovery.
The municipal and district/county commerce departments shall make clear various administration requirements for collection points of demonstration to guide relevant commercial enterprises to cooperate with the operators of renewable resource recovery, and conduct activities including reward points and old-for-new service to promote green consumption and renewable resource recovery.
Commercial enterprises, owners and property service enterprises of the buildings that participate in the work of collection points of demonstration shall provide necessary assistance and cooperation for their daily operation.
Article 9 (Recovery Platform of Industrial Park)
This Municipality encourages the administrative organs of industrial parks to cooperate with the operators of renewable resource recovery to set up an e-commerce platform and provide services of inquiry, bidding, auction, for trading activities of renewable resources in industrial parks, and ensure their normal order.
The "industrial park" mentioned in this Article refers to industrial parks, high-tech industrial development zones, bonded zones and export processing zones set up according to law, and administrated by the agencies or organs designated by the municipal or district/county people's government.
Article 10 (Compulsory Recovery of Partial Products and Packages)
Enterprises that manufacture the products and packages listed in the State's compulsory recovery catalogue shall recover such end-of-life products and used packages.
A manufacturer may entrust sales enterprises, operators of renewable resource recovery or other organizations to conduct the recovery. The trustees shall be responsible for the recovery according to the provisions of relevant laws and regulations, and the contract agreements.
Article 11 (Recovery of Waste Commodities That Are Easy to Pollute Environment)
The municipal commerce department shall, jointly with the municipal administrative departments of development & reform, and environmental protection, take measures to encourage and support the recovery of waste commodities that are easy to pollute environment.
The municipal and district/county commerce departments shall organize the operators of renewable resource recovery and the enterprises that have corresponding handling capability to establish a recovery network for waste commodities that are easy to pollute environment including discarded energy-saving lamps, batteries, ink cartridges, and launch recovery of waste commodities that are easy to pollute environment.
The municipal and district/county administrative departments of commerce, environmental protection, greening and city appearance shall strengthen guidance on the recovery and transport of those waste commodities that are easy to pollute environment.
Such matters as the recovery type of and norms for waste commodities that are easy to pollute environment shall be integrated into the Guidance Catalogue for Renewable Resource Recovery.
Article 12 (Management of Floating Recovery Personnel in Communities)
The neighborhood committees or villagers' committees shall, under the guidance of the sub-district offices or town/township people's governments, and jointly with the property service enterprises, collect and grasp ID information and residing information of the personnel engaging in renewable resource recovery in communities.
By integrating with the daily work of safeguarding the social order within the administrative areas, the sub-district offices or town/township people's governments shall supervise and urge the personnel engaging in renewable resource recovery in communities to observe the provisions on public security and maintain the environmental sanitation, and guide the property service enterprises to provide necessary convenience for renewable resource recovery activities in communities.
Chapter III Recovery Operation Norms
Article 13 (Establishment Registration of Recovery Operators)
Those who engage in renewable resource recovery operating activities (hereinafter referred to as the Operators) shall go through the industrial and commercial registration according to law. Among the Operators, the one who engages in the recovery activities of scrap metals of productive source shall go through corporate business registration according to law.
Article 14 (Record of Recovery Operators)
The Operators shall report to the municipal commerce department for the record within 15 days after obtaining the business license. The municipal commerce department shall, according to the network layout planning of renewable resource recovery, make a footnote concerning whether it complies with the network layout requirements for the recovery of scrap metals of productive source on the record certificate.
The renewable resource recovery enterprises that comply with the network layout requirements for the recovery of scrap metals productive source (hereinafter referred to as the Recovery Enterprises) shall report to the public security department for record within 15 days after obtaining the record certificate from the municipal commerce department.
Where Operators' relevant information changes after the record formalities, an application for alteration record shall be made within 30 days from the alteration date.
Article 15 (Trading Requirements for Waste Production Subjects)
The renewable resources produced by enterprises and institutions shall be sold or transferred to the Operators except for those used for recycling purposes and invested in reproduction. Among them, the scrap metals of productive source shall be sold to the recorded Recovery Enterprises, with an issued cargo list.
The scrap metals of municipal utilities that have to be discarded by the construction units, maintenance units, and management units of municipal works shall be sold to the Recovery Enterprises that are published in the catalogue by the municipal commerce department, and a cargo list shall be issued as well. The Recovery Enterprises on the list shall be determined through fair competition, including bidding at regular intervals by the municipal commerce department jointly with the municipal public security department and the SRRA, and be made public.
Article 16 (Daily Behavior Norms for Recovery Operators)
The Operators shall observe the following provisions in the process of collecting, storing, handling and transporting the renewable resources:
1. strengthening security management over fire and power source;
2. taking appropriate measures of covering, setting up retaining walls, and sanitation to prevent the occurrence of environment pollution including flying-off, splashing, spilling, odor diffusion, and exploration;
3. keeping the surrounding environment clean, conducting regular sterilization, and strictly controlling the pollution of noises, dust, sewage, or peculiar smell, to prevent the impact on surrounding residents' working and living environment; and
4. other regulatory provisions on environmental protection, city appearance and sanitation, safe production, prevention and control of occupational hazards, firefighting and public security, and operating norms for recovery.
The operating norms for the Operators shall be formulated by the municipal commerce department jointly with relevant departments and the SRRA.
Article 17 (Purchase and Transport of Scrap Metals of Productive Source and Scrap Metals of Municipal Utilities)
The Recovery Enterprises shall sign purchasing contracts with the sales units of scrap metals, check the cargo list issued by the sales units, and set up the account which shall truthfully record the name of the sales unit, ID information of the responsible person, and the name, quantity, specifications and conditions of the goods, and be kept for at least two years.
Where the construction units, maintenance units, and management units of municipal utilities or the Recovery Enterprises transport by themselves or entrust others to transport the scrap metals of municipal utilities, they shall issue a certificate in advance, identifying the type, quantity and destination of those scrap metals of municipal utilities, and affix an official seal. Such certificates shall be kept for reference in the process of transportation.
The public security department shall inspect according to law the vehicles and vessels transporting the scrap metals of municipal utilities. Where other departments find that the transporter of those scrap metals of municipal utilities can not provide relevant certificates, they shall immediately notify the public security department to handle the case on spot.
Article 18 (Disposal of Renewable Resources)
The Operators shall deliver the recovered materials that can be reused or recycled to those production operators with corresponding conditions for reusing or recycling; those recovered materials that can not be reused or recycled shall be delivered to enterprises with corresponding disposal capability for decontamination.
The relevant provisions of the State and this Municipality shall be observed in disposal of wastes to ensure safe production, prohibit illegal treatment and prevent pollution of the environment. The use of the technologies and techniques that are eliminated under State order shall be prohibited.
Article 19 (Supervision over Recovery of Wastes Generated from Construction Sites)
At the time of inviting tenders or contracting for construction engineering or demolition of buildings (Structures), the enterprises and institutions shall make clear in the bidding documents and the contract that the construction unit shall sell scrap metals of productive source to recorded Recovery Enterprises, and properly dispose of construction wastes of other types that can be recycled according to the requirements on comprehensive utilization of resources.
The district/county construction and communications department shall strengthen supervision and administration over the construction units that sell the scrap metals of productive source and dispose other construction wastes, and bring them into the scope of safe construction site appraisal in this Municipality.
Article 20 (Goods Prohibited to be Recovered)
The Operators shall not recover the following goods:
1. stolen goods wanted by the public security department in notification or goods that are suspected as stolen;
2. scrap metals of municipal utilities whose legal source can not be proved; and
3. highly toxic, radioactive materials and related containers;
4. other goods prohibited for recovery by laws, rules and regulations.
Upon identifying stolen goods wanted by the public security department or goods that are suspected as stolen in the process of operation, the Operators shall report to the public security department in a timely manner. The public security department shall handle the case according to law.
Article 21 (Tip-offs and Rewards)
The public security department shall reward the informer according to relevant provisions where his/her tip-offs on Operators' illegal acts including recovering prohibited goods and materials, arbitrarily engaging in recovering the scrap metals and materials of municipal utilities are verified by the public security department.
Chapter IV Supporting Measures
Article 22 (Joint Meeting Mechanism)
The Municipal People's Government shall establish a joint meeting mechanism for renewable resource recovery, and regularly make clear the targets, tasks and key areas of renewable resource recovery in this Municipality, study, arrange and make coordinated plans in renewable resource recovery issues.
Article 23 (Formulation of Policies and Measures)
The municipal and district/county people's governments and relevant departments shall, according to their respective functions and duties, formulate and implement policies and measures on promoting renewable resource recovery, encourage units and individuals to collect and deliver renewable resources, encourage Operators to provide convenient and fast recovery services through e-commerce, and encourage colleges and universities, R & D institutions, and relevant enterprises to conduct scientific studies and develop and promote technologies on the recovery and disposal of renewable resources.
Article 24 (Public Information Service Platform)
This Municipality establishes a public information service platform of renewable resource recovery with the following functions:
1. publishing the list of recorded Operators of this Municipality, and the recovery network information;
2. summing up supervision and management information of the renewable resource recovery industry, realizing information sharing among administrative departments, and making public relevant information according to law;
3. releasing information on the recovery price of renewable resources, industry development, and related supporting and encouraging policies;
4. accepting the general public's complaints and tip-offs on the illegal acts in renewable resource recovery and operation; and
5. soliciting opinions and suggestions of the general public on promoting renewable resource recovery.
The public information service platform of renewable resource recovery shall be organized and constructed by the municipal commerce department, and the daily operation and maintenance of which shall be borne by the SRRA under entrustment.
Article 25 (Arrangement of Financial Support)
This Municipality arranges relevant expenses from the special funds for the development of recycling economy and the comprehensive utilization of resources to support and encourage renewable resource recovery.
Relevant municipal departments shall, according to the provisions, commend or reward the units and individuals who have made outstanding contributions in renewable resource recovery.
Article 26 (Report of Recovery Information and Industry Statistics)
The recorded Operators shall regularly report to the commerce department such information as the type and quantity of recovered renewable resources. The specific procedures shall be separately formulated by the municipal commerce department jointly with the municipal administrative departments of statistics, and public security.
The municipal and district/county commerce department shall conduct statistics of and monitoring over the renewable resource recovery industry, and analyze relevant statistics information. The renewable resource recovery data shall be filed for record at the statistics organ of the people's government at the same level before release.
Article 27 (Publicity and Education)
The municipal commerce department shall, jointly with the municipal administrative departments of development & reform, education, environmental protection, greening and city appearance, and housing administration, and the consumer protection organizations, strengthen the publicity and education on renewable resource recovery, and support communities, primary schools and middle schools to conduct relevant knowledge popularization and social practice.
Chapter V Legal Liability
Article 28 (Legal Liability of Operation without License or Exceeding Business Scope)
For those who arbitrarily engage in operating activities of renewable resource recovery without obtaining business license, the industry and commerce department and the urban management law enforcement department shall, according to division of duties, handle the case in accordance with relevant provisions of the Procedures on Investigating and Banning Unlicensed Operation.
For those who know or should know the engagement in operating activities of renewable resource recovery without obtaining business license but still provide production or operation premises, or transport, preservation or storage conditions, the industry and commerce administration department shall handle the case according to relevant provisions of the Procedures on Investigating and Banning Unlicensed Operation.
For those who engage in operating activities of renewable resource recovery that exceeds the verified and registered business scope, the industry and commerce administration department shall handle the case according to relevant provisions.
Article 29 (Legal Liability of Violating the Provisions on Record)
Where the Operator violates the provisions of Article 14 of these Procedures, fails to go through record formalities or alteration record formalities, the municipal commerce department and the public security department shall order the wrongdoer to make corrections within a prescribed time limit; where the wrongdoer fails to make corrections within the prescribed time limit, a fine of not less than 2,000 yuan but not more than 5,000 yuan shall be imposed.
Article 30 (Legal Liability of Violating the Provisions on Recovery of Scrap Metals of Productive Source)
Where the Recovery Enterprise violates the provisions of Clause 1 of Article 14 of these Procedures, fails to set up and keep the account, the public security department shall order the wrongdoer to make corrections within a prescribed time limit, and impose a fine of not less than 1,000 yuan but not more than 5,000 yuan.
Article 31 (Legal Liability of Violating the Provisions on Recovery of Scrap Metals of Municipal Utilities)
For those who arbitrarily engage in operating activities of recovering the scrap metals of municipal utilities, the public security department shall punish the wrongdoer according to laws and regulations on public security administration.
For those who violate the provisions of Clause 2 of Article 17 of these Procedures, transport old and scrap metals generated from used materials in municipal works but fail to provide related certificates, the public security department shall impose a fine of not less than 1,000 yuan but not more than 5,000 yuan.
For the construction units, maintenance units, and management units of municipal works who illegally dispose of the scrap metals of municipal utilities, the superior competent administrative department shall impose penalty on such units' person-in-charge and the person directly responsible; where the act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law.
Article 32 (Legal Liability on Violating the Provisions on Recovery of Prohibited Materials)
Where the Operator violates the provisions of Clause 1 of Article 20 of these Procedures, recovers the materials prohibited to be recovered, the public security department shall punish the wrongdoer according to laws and regulations on public security administration.
Article 33 (Legal Liability on Violating the Provisions on Reporting Information)
Where the Operator violates the provisions of Clause 1 of Article 26 of these Procedures, fails to report to commerce department the relevant recovery information, the commerce department shall order the wrongdoer to make corrections within a prescribed time limit; where the wrongdoer fails to make corrections within the prescribed time limit, a fine of not less than 1,000 yuan but not more than 5,000 yuan shall be imposed.
Chapter VI Supplementary Provisions
Article 34 (Definition of Relevant Items)
1. The scrap metals of productive source as mentioned in these Provisions refer to metal materials or products used in buildings, railway, communication, electric power, water conservancy, oil field, public facilities, or other production fields, and have lost all or part of the value in use.
2. The scrap metals of municipal utilities as mentioned in these Provisions refer to public facilities, equipment, instruments, sculptures and other materials used in municipal works that contain metal and are damaged due to natural or human factors. The municipal construction and communications administrative department shall, jointly with the municipal administrative department of commerce and public security and the SRRA, formulate the specific catalogue, and make public thereof.
Article 35 (Effective Date)
These Procedures shall be effective as of December 1, 2012. The Provisions of Shanghai Municipality on the Administration of the Purchase of Old and Scrap Metals promulgated by Decree No.52 of Shanghai Municipal People's Government on October 17, 2005 shall be repealed at the same time.