Article 1 In order to strengthen the management of kitchen waste in this Municipality, maintain the city appearance and environment, ensure food safety, and promote the recycling of resources, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Pollution by Solid Waste, the Regulations of Wuhan Municipality on the Administration of City Appearance and Environmental Sanitation and other laws, regulations and relevant provisions, and combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the treatment of kitchen waste and related supervision and management activities in the urban areas of this Municipality and other urbanization management areas determined by the Municipal People's Government.
The treatment of kitchen waste includes collection, transportation and disposal.
Article 3 The term "kitchen waste" as mentioned in these Measures refers to food residues, food processing wastes, waste edible oils and fats produced in catering services outside residents' daily lives, meals provided in canteens in units, and food production and processing activities.
The waste edible oils and fats mentioned in the preceding paragraph refer to animal and vegetable oils and fats that can no longer be eaten and various oil-water mixtures.
Article 4 The management of kitchen waste in this Municipality follows the principles of reduction, recycling and harmlessness, and implements unified collection, transportation and centralized disposal.
Advocate the listing of clean vegetables and civilized dining, encourage the reduction of kitchen waste, and encourage the development of technologies and facilities for harmless treatment and resource utilization of kitchen waste.
Article 5 The municipal and district people's governments shall incorporate the management of kitchen waste into the evaluation of urban management and food safety performance targets and the evaluation of civilized units, and commend the units and individuals that have made remarkable achievements in the harmless treatment and resource utilization of kitchen waste.
The municipal and district people's governments will incorporate the funds for the management of kitchen waste into the fiscal budget and give financial subsidies for the treatment of kitchen waste. The specific subsidy measures shall be formulated separately by the municipal urban management department in conjunction with the municipal finance department.
Article 6 The municipal urban management department shall be responsible for the supervision and management of kitchen waste in this Municipality and the organization and implementation of these measures.
The district urban management department is responsible for the supervision and management of kitchen waste within its administrative area.
Seventh food and drug supervision, quality supervision, industry and commerce, agriculture, environmental protection, commerce, tourism, education, urban and rural construction, water affairs, public security, finance, price and other departments. Should be in accordance with their respective responsibilities, do a good job in the management of kitchen waste.
Article 8 The catering trade associations in this Municipality shall strengthen self-discipline, standardize trade behaviors, actively participate in the formulation of relevant standards and norms, popularize technologies and methods to reduce the generation of kitchen waste, and incorporate the management of kitchen waste into the rating of catering enterprises.
Ninth kitchen waste generating units shall pay the kitchen waste disposal fee. The kitchen waste disposal fee shall be included in the urban living garbage charging system, and the items and standards charged shall be implemented in accordance with the provisions of the financial and price departments.
Article 10 The urban management department of the city shall, jointly with the relevant departments, formulate the planning of kitchen waste disposal facilities in this city according to the overall urban planning and the overall land use planning, and incorporate them into the special planning of city appearance and environmental sanitation facilities in this city.
The land for kitchen waste disposal facilities shall be included in the urban planning as the land for environmental sanitation facilities, and no unit or individual may occupy or change its use without authorization.
Article 11 The construction of kitchen waste disposal facilities shall conform to the special planning of city appearance and environmental sanitation facilities, and go through the relevant examination and approval procedures for investment, construction and environmental protection in accordance with the relevant provisions of the state.
After the completion of the kitchen waste disposal facilities project, the construction unit shall organize the completion acceptance according to law, handle the completion acceptance record with the urban and rural construction department and submit the construction project files, and inform the urban management department. Without the completion acceptance for the record, it shall not be delivered for use.
Article 12 An enterprise engaged in the business collection, transportation and disposal of kitchen waste shall obtain a service license for business collection, transportation and disposal.
The urban management department of the district shall make a decision on the license for the business collection and transportation of kitchen waste through fair competition such as bidding, and determine the business collection and transportation units within its jurisdiction. The municipal urban management department shall, through fair competition such as bidding, make a decision on the business license for kitchen waste disposal, and issue a business license for kitchen waste disposal to the winning bidder.
City and district urban management departments shall, in accordance with the provisions on the franchise management of municipal public facilities, respectively sign franchise agreements for the collection, transportation and disposal of kitchen waste, and stipulate the operating period, service standards, operating areas and other contents. The franchise agreement signed by the district urban management department shall be reported to the municipal urban management department for the record.
Thirteenth engaged in business kitchen waste collection and transportation services, shall meet the following conditions:
It is qualified as an enterprise legal person with a registered capital of not less than 3 million yuan;
The collection of kitchen waste should adopt a fully enclosed special collection container with classified collection function;
Food waste transportation should adopt fully enclosed automatic unloading vehicles, which have the function of preventing odor from spreading, spilling and dripping;
Having a sound technology, quality, safety and monitoring management system and effectively implementing it;
Having a legal road transport business license and vehicle driving license;
Having a fixed office space and parking places for machinery, equipment and vehicles;
Other conditions stipulated by laws and regulations.
Fourteenth engaged in business kitchen waste disposal services, shall meet the following conditions:
It has the qualification of an enterprise as a legal person, the scale is less than100t/day, and the registered capital is not less than 5 million yuan; If the scale is greater than100t/day, the registered capital shall not be less than 50 million yuan;
The site selection conforms to the urban and rural planning, and the corresponding planning and construction approval documents have been obtained;
The adopted technologies and processes meet relevant standards;
It has a sound management system for process operation, equipment management, environmental monitoring and protection, financial management, safety production, metrology and statistics. And has been effectively implemented;
There are feasible technical schemes for the treatment of kitchen waste water, waste gas and waste residue, and discharge schemes that meet the standards;
Other conditions stipulated by laws and regulations.
Fifteenth kitchen waste generation and treatment units shall establish a ledger system in accordance with the following provisions:
The kitchen waste generation unit records the quantity and destination of kitchen waste;
The source, quantity and destination of the kitchen waste collected and transported by the transport unit;
The kitchen waste disposal unit records the source, quantity, disposal method, product flow direction and operation data of kitchen waste;
Records are true, complete and kept for more than 2 years.
The kitchen waste generating and processing unit shall submit the ledger according to the time specified by the urban management department, and obtain the corresponding receipt.
The generation, collection, transportation and disposal of kitchen waste shall be subject to a single system, and the specific measures shall be formulated separately by the municipal urban management department.
Sixteenth kitchen waste generating units shall comply with the following provisions:
Kitchen waste shall be collected separately and shall not be mixed with solid domestic waste such as disposable tableware, beverage containers and plastic tablecloths;
Set up a special collection container for kitchen waste at the designated place, and keep the collection container intact, airtight and the surrounding environment clean and tidy;
Set up anti-pollution facilities such as oil-water separator, lampblack separator or oil-water isolation tank to keep their normal use and pollutant discharge in line with relevant standards;
Within 24 hours after the kitchen waste is generated, the kitchen waste shall be collected and transported in time by the licensed kitchen waste collection and transportation unit or the city appearance and environmental sanitation operation unit affiliated to the urban management department of the district;
Other provisions of laws, regulations and rules.
Seventeenth kitchen waste collection and transportation units shall comply with the following provisions:
According to the standards and norms of environmental sanitation operation, collect and transport the kitchen waste in time within the specified time, and go to the kitchen waste generating unit to remove the kitchen waste not less than 1 time every day;
Kitchen garbage and other garbage are collected and transported separately, and the type and quantity are confirmed by the kitchen garbage generating unit;
Equipped with special transport vehicles and related transfer facilities, kept in good condition and clean, and carried out closed transportation;
Do not spill or drip during transportation, and do not store naked during transshipment;
Sign a service agreement with the licensed kitchen waste disposal unit to transport the kitchen waste to the designated kitchen waste disposal site, and the type and quantity shall be confirmed by the disposal unit;
Other provisions of laws, regulations and rules.
Eighteenth kitchen waste disposal units shall comply with the following provisions:
Implement harmless disposal in accordance with relevant regulations and technical standards;
Waste water, waste gas and waste residue generated in the disposal process meet environmental protection standards to prevent secondary pollution;
The use of microbial agents to treat kitchen waste conforms to the relevant provisions of the state, and corresponding safety control measures are taken;
According to the relevant laws and regulations and relevant safety technical regulations, it shall be equipped with qualified management personnel and operators, and formulate detailed management systems and emergency plans to ensure the safe operation of treatment facilities;
The products produced meet the relevant quality standards;
Carry out environmental impact monitoring as required, test and evaluate the performance and environmental protection indicators of kitchen waste disposal facilities, and report the test and evaluation results to the municipal urban management department and the municipal environmental protection department;
Shall not accept or dispose of kitchen waste transported by units and individuals without authorization;
Other provisions of laws, regulations and rules.
Nineteenth in the process of kitchen waste generation and treatment, the following acts are prohibited:
Using kitchen waste and its processed products as raw materials to produce processed food;
The waste oil is sold as edible oil or processed food after processing;
Feeding livestock and poultry with kitchen waste that has not been treated harmlessly;
Discharge kitchen waste into public facilities such as rainwater and sewage drainage pipes or water bodies such as rivers and lakes;
Transport kitchen waste to the administrative area of this Municipality for disposal;
Other acts prohibited by laws, regulations and rules.
Twentieth in addition to force majeure can not continue to operate, kitchen waste disposal units shall not be arbitrarily closed. If it is really necessary to suspend business, it should report to the municipal urban management department three months in advance, and it can be suspended or closed after approval.
Article 21 The municipal and district urban management departments shall strengthen the supervision and inspection of the generation and treatment of kitchen waste through written inspection, spot check and on-site verification, and establish corresponding supervision and management records.
The district urban management department shall, within the specified time, summarize the generation and treatment of kitchen waste declared by relevant units and submit it to the municipal urban management department.
Food and drug supervision, quality supervision, industry and commerce, agriculture, environmental protection and other departments shall, within the scope of their respective duties, strengthen the supervision and inspection of the treatment of kitchen waste.
Article 22 The municipal urban management department shall, jointly with relevant departments, establish a comprehensive information supervision platform for the generation and treatment of kitchen waste, and regularly publish the following information to the public:
Types and quantities of kitchen waste;
Issuing the license information of kitchen waste collection, transportation and disposal services;
Information on harmless treatment and resource utilization of kitchen waste;
Illegal disposal information of kitchen waste generation and disposal units;
Other information required to be disclosed by laws, regulations and rules.
City and district urban management departments shall establish a complaint reporting system, accept complaints and reports from the public on kitchen waste treatment activities, and inform the complainant or informant of the treatment results; Belonging to the scope of functions and powers of other departments, it shall be handed over to the relevant departments in a timely manner.
Twenty-third relevant departments and their staff in the implementation of the supervision and management of kitchen waste, shall not have the following acts:
Setting up charging items or raising charging standards without authorization;
Require enterprises to use designated products or accept designated services;
Other acts that interfere with the normal business activities of enterprises or damage the legitimate rights and interests of enterprises and operators.
In case of any of the acts listed in the preceding paragraph, the kitchen waste generating and processing unit has the right to refuse, and can complain and report to the relevant competent departments and supervisory organs.
Article 24 The urban management department of the city shall, jointly with relevant departments, formulate an emergency plan for the treatment of kitchen waste in the city and establish an emergency treatment system to ensure the normal collection, transportation and disposal of kitchen waste under emergency or special circumstances.
Twenty-fifth urban management and food safety management departments should carry out various forms of publicity and education, vigorously popularize the common sense of edible oil and food safety and related legal knowledge, guide citizens to consume scientifically, and raise citizens' awareness of health, food safety and environmental protection. Strengthen enterprise integrity education and industry self-discipline, strengthen the training of employees, improve the legal awareness and food safety awareness of food production, service and business units, and form a good social environment to ensure food safety.
Twenty-sixth in violation of these measures, one of the following acts shall be dealt with by the urban management law enforcement department in accordance with the "measures" for the administration of urban domestic waste:
Those who engage in the collection, transportation and disposal of business kitchen waste without approval shall be ordered to stop the illegal act and be fined 30,000 yuan;
Failing to pay the kitchen waste disposal fee in accordance with the regulations, it shall be ordered to make corrections within a time limit. If it fails to pay within the time limit, the unit may be fined less than 3 times the payable disposal fee and less than 30,000 yuan, and the individual may be fined less than 3 times the payable disposal fee and more than 65,438 yuan;
If the kitchen waste collection and transportation unit spills or spills kitchen waste along the way during transportation, it shall be ordered to stop the illegal act, make corrections within a time limit and impose a fine of more than 5,000 yuan and less than 50,000 yuan;
If the kitchen waste collection and transportation unit violates the provisions of Item and Item of Article 18 of these Measures, it shall be ordered to make corrections within a time limit and may be fined between 5,000 yuan and 30,000 yuan;
If the kitchen waste disposal unit violates the provisions of Item and Item of Article 19 of these Measures, it shall be ordered to make corrections within a time limit and may be fined between 30,000 yuan and 654.38+10,000 yuan; If losses are caused, it shall be liable for compensation according to law;
Those who suspend business without approval shall be ordered to make corrections within a time limit, and may impose a fine of more than 654.38 million yuan and less than 30,000 yuan on the kitchen waste collection and transportation unit; The kitchen waste disposal unit may be fined between 50,000 yuan and 654.38+10,000 yuan; If losses are caused, it shall be liable for compensation according to law.
Article 27 If, in violation of these measures, kitchen waste disposal facilities are put into use without acceptance or unqualified acceptance, the urban and rural construction departments shall, in accordance with the provisions of the Measures for the Administration of Urban Domestic Waste, order them to make corrections and impose a fine of more than 2% and less than 4% of the contract price of the project; If losses are caused, it shall be liable for compensation according to law.
Twenty-eighth in violation of these measures, one of the following acts, the city management law enforcement departments shall be ordered to make corrections within a time limit, overdue correction, shall be punished in accordance with the following provisions:
Failing to establish, record and submit the kitchen waste ledger in accordance with the regulations or failing to implement the joint bill system, a fine of not less than 3,000 yuan from 500 yuan shall be imposed;
Failing to collect, transport and store kitchen waste separately in accordance with the regulations and mixing it with domestic waste, a fine of 1 10,000 yuan or more 1 10,000 yuan or less shall be imposed;
If the kitchen waste generating unit fails to set up a special collection container for kitchen waste in accordance with the regulations or fails to use a unified special collection container, it shall be fined 1 1,000 yuan or more 1 1,000 yuan or less;
If the kitchen waste is handed over to an unlicensed unit or individual for collection, transportation and disposal, or the kitchen waste transported by an unlicensed unit or individual is received and disposed of, the individual shall be fined between 1000 yuan and 3,000 yuan, and the unit shall be fined between 1000 yuan and 30,000 yuan.
Article 29 Whoever, in violation of these measures, raises livestock and poultry by using kitchen waste that has not been treated harmlessly shall be ordered by the agricultural department to stop the illegal act, and the livestock and poultry directly raised by kitchen waste shall be treated harmlessly within a time limit, and a fine of 1000 yuan to 5,000 yuan shall be imposed on individuals and a fine of 5,000 yuan to 30,000 yuan shall be imposed on units.
Thirtieth in violation of these measures, involving environmental protection, food safety, water resources and lake protection and drainage management, by the relevant departments in accordance with the law.
Thirty-first urban management departments, other relevant departments and their staff have one of the following acts, which shall be ordered by the competent authorities at higher levels to make corrections, and the persons in charge and the persons directly responsible shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
Failing to issue a service license for the collection, transportation and disposal of kitchen waste in accordance with the regulations;
Failing to perform the duties of administrative supervision and management according to law;
Other acts of abuse of power, dereliction of duty and favoritism.
Article 32 These Measures shall come into force as of 20 13 12 1.
;