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Laws and regulations involved in soil management
Units that dispose of construction waste shall apply to the city appearance and environmental sanitation department of the urban people's government and obtain approval for the disposal of urban construction waste before they can dispose of it. The city appearance and environmental sanitation department of the city people's government shall make a decision on whether to approve the application within 20 days after receiving the application. If the application is approved, an approval document shall be issued; if the application is not approved, the applicant shall be notified and the reasons shall be explained.
In order to strengthen the management of construction waste, maintain urban appearance and environmental sanitation, protect and improve the ecological environment, and promote sustainable economic and social development, these regulations are formulated in accordance with relevant laws and regulations and in conjunction with the actual situation of this city. Article 2 These regulations apply to the discharge, transportation, consumption, comprehensive utilization and other disposal activities of construction waste within the administrative area of ??this city. The term "construction waste" as mentioned in these Regulations refers to the dregs, waste materials and other waste generated by units and individuals from the new construction, reconstruction, expansion, demolition of various buildings, structures, pipe networks, road construction, decoration and decoration of houses, etc.
Article 3 The municipal urban management department is the administrative department in charge of construction waste management in this city. District and county urban management departments are responsible for construction waste management within their jurisdiction according to their duties. Public security, resource planning, development and reform, transportation, housing and construction, water administration, ecological environment and other departments should do a good job in construction waste management in accordance with their respective responsibilities. Sub-district offices and town people's governments accept the guidance of urban management departments and supervise and inspect construction waste disposal activities within their jurisdictions. Article 4 The disposal of construction waste shall follow the principles of reduction, harmlessness, reuse, resource utilization and the generator shall bear the responsibility for disposal. Article 5 The Municipal People's Government shall formulate preferential policies for the comprehensive utilization of construction waste, support and develop projects for the comprehensive utilization of construction waste, strengthen the research, development, transformation and application of comprehensive utilization of construction waste, and improve the level of comprehensive utilization of construction waste. What is urban construction waste: “Construction waste refers to the dregs, spoils, waste materials, etc. generated during the construction, laying or dismantling and repairing of various buildings, structures, pipe networks, etc. by construction units or individuals. Silt and other wastes.” In summary, construction waste should be disposed of reasonably. It is recommended to dispose of construction waste properly and not to pile it up randomly.
1. Operating out of a store or occupying a road
Those who violate the provisions of Article 14 of the "Regulations on the Management of Urban Appearance and Environmental Sanitation of Hubei Province" shall be subject to Article 42 (3) ) item, order to stop the illegal behavior and impose a fine of not less than 20 yuan but not more than 1,000 yuan.
Article 14 No unit or individual may occupy urban roads, bridges, squares, underground passages and other public places without authorization to set up stalls, sell or process and produce goods. Those who are approved by law to temporarily occupy urban roads or other public places for business operations or activities shall do so in accordance with the approved time, location and requirements.
Operators of shopping malls and stores facing the street are not allowed to set up stalls, operate or display goods beyond the walls of doors and windows.
2. Indiscriminate involvement
Violated the provisions of Article 10, paragraph 3, and Article 11, paragraph 3, of the "Hubei Provincial Urban Appearance and Environmental Sanitation Management Regulations". Article 42 (2): If a person is ordered to make corrections but refuses to make corrections, he may be fined not less than 50 yuan but not more than 500 yuan.
Article 10, Paragraph 3__ Buildings on both sides of the city’s main streets and street-facing buildings in key areas are not allowed to hang, dry, or stack items or structures that affect the city’s appearance on the roofs, balconies, and windows. structures.
Article 11, Paragraph 3__ It is prohibited to dry or hang items on trees, guardrails, telephone poles, street signs and other facilities on urban roads and other public places.
Note: The applicable legal provisions are different in different places, so you must pay attention to it when handling the case.
3. Haphazard stacking
Violates the provisions of Article 11, Paragraph 1, of the "Hubei Provincial Urban Appearance and Environmental Sanitation Management Regulations". According to Article 42 (4) ), ordered to make corrections, and may be fined not less than 500 yuan but not more than 3,000 yuan.
Article 11 __ Paragraph 1 __ No unit or individual may pile materials, build buildings, structures or other facilities on both sides of urban roads and public places without authorization.
4. Cutting down and pruning trees
Violated the provisions of Article 20 of the "Hubei Province Urban Greening Implementation Measures" and was ordered to make corrections in accordance with Article 22 (3) Or take remedial measures and impose a fine of 200 yuan to 2,000 yuan.
Article 20__No unit or individual may cut down, transplant or prune trees in the urban area without authorization. Cutting down urban trees due to construction or other special needs must be approved by the department responsible for urban greening management. For trees that have been felled with approval, trees with three times the number of felled trees should be replanted or other remedial measures should be taken.
5. Excavating roads without approval
Violates the provisions of Article 24 of the "Implementation Measures for Urban Road Management of Hubei Province". According to Article 38, it violates these Measures. If there are penalties for the acts specified in Article 24 in laws and regulations, they shall be implemented in accordance with the provisions. If there is no provision, the municipal competent department or other competent departments shall order corrections, and any losses caused shall be compensated. Those who refuse to comply may be fined not less than RMB 50 but not more than RMB 2,000.
Article 24__ The following behaviors are prohibited within the scope of urban roads: (1) Occupying or digging urban roads without authorization; (2) Crawler vehicles, wheel-changing vehicles, or overweight, over-height, or over-long vehicles Driving on urban roads without authorization; (7) Driving or parking motor vehicles on non-motorized lanes without authorization; (8) Mixing materials and burning waste on urban roads; (9) Other acts of damaging or encroaching on urban roads.
6. Failure to implement road excavation according to the approved plan
Violates Article 39 of the "Implementation Measures for Urban Road Management of Hubei Province". According to this article, the municipal competent department or other relevant The department orders corrections within a time limit and may impose a fine of not less than 3,000 yuan but not more than 20,000 yuan; if losses are caused, the company shall be liable for compensation.
Article 39. Anyone who violates the provisions of these Measures and commits any of the following acts shall be ordered by the municipal competent department or other relevant departments to make corrections within a time limit and may be fined not less than RMB 3,000 but not more than RMB 20,000; Those who cause losses shall bear liability for compensation.
(1) Failure to promptly fill or repair defects in inspection wells, box covers of various pipelines located on urban roads or ancillary facilities on urban roads; (2) Failure to set up inspection wells and box covers at urban road construction sites There are obvious signs and safety fence sign facilities; (3) The occupation of urban roads expires or the site is not cleaned up in time after excavation of urban roads; (4) Various pipelines, poles and other facilities attached to urban road construction are not used in accordance with regulations. Go through the approval procedures; (5) Emergency repair of pipelines buried under urban roads and failure to complete the procedures in accordance with regulations; (6) Failure to occupy or excavate urban roads in accordance with the approved location, area, and time limit, or need to move the location or expand the area , extend the time and fail to go through the change approval procedures in advance.
7. Carving and posting graffiti indiscriminately
Violated the provisions of Article 18, Paragraph 2 of the "Hubei Provincial Urban Appearance and Environmental Sanitation Management Regulations". According to Article 42, (1), ordered to clean up or remove, may be given a warning and a fine of not less than 10 yuan but not more than 200 yuan.
Article 18, Paragraph 2__ No unit or individual may carve, write or post on trees, ground, buildings, structures or other public facilities.
8. Affecting public environmental sanitation
Violating the provisions of Article 19 of the "Hubei Provincial Urban Appearance and Environmental Sanitation Management Regulations", according to Article 42 (1) ), be ordered to clean up or remove, and may be given a warning and a fine of not less than 10 yuan but not more than 200 yuan.
Article 19 Citizens should consciously maintain urban environmental sanitation and shall not engage in the following behaviors that affect public environmental sanitation:
(1) Spitting and defecation; (2) ) Littering of melon and fruit peels, paper scraps, cigarette butts, beverage cans, lunch boxes, chewing gum, plastic bags and other waste; (3) Littering of sewage, feces, and animal carcasses; (4) Littering in open spaces or public places *Burning leaves, garbage or other waste in garbage collection containers; (5) Throwing and burning objects on roads or public places; (6) Other behaviors that affect urban environmental sanitation as prescribed by laws and regulations.
9. Raising poultry in central urban areas
Violates Article 25 of the "Hubei Provincial Urban Appearance and Environmental Sanitation Management Regulations". According to Article 42 (1) , order it to be cleaned up or removed, and may be given a warning and a fine of not less than 10 yuan but not more than 200 yuan.
Article 25__ It is prohibited to raise chickens, ducks, geese, rabbits, sheep, pigs, edible pigeons and other poultry and livestock in urban areas where cities are established. Those raised for teaching, scientific research and other special needs shall comply with relevant regulations.
Residents shall not pollute the environment by keeping pets and homing pigeons. Keepers shall remove feces discharged by pets on roads and other public places immediately.
10. Cleaning of vehicles occupying the road and purchasing waste products
Violated the provisions of Article 26 of the "Hubei Provincial Urban Appearance and Environmental Sanitation Management Regulations". According to Article 42 ( 4), ordered to make corrections, and may be fined not less than 500 yuan but not more than 3,000 yuan.
Article 26 No unit or individual may wash vehicles on urban roads, squares and other public places.
Those engaged in vehicle cleaning, repair, waste collection, and waste collection operations must maintain environmental sanitation around the business premises and take measures to prevent sewage from flowing out or waste from being scattered outwards.
11. Failure to set up outdoor advertisements as required
Violates the provisions of Article 17, paragraph 1, of the "Hubei Provincial Urban Appearance and Environmental Sanitation Management Regulations". According to Article 42, Item (5) shall be ordered to make corrections within a time limit, and a fine of not less than RMB 1,000 but not more than RMB 20,000 may be imposed. If corrections are not made within the time limit, it shall be forcibly demolished in accordance with the law.
Article 17 Outdoor advertising shall be planned in a unified manner and set up in accordance with the prescribed requirements and deadlines.
The names, trade names, logos and other plaques of agencies, groups, enterprises, institutions and individual industrial and commercial households should comply with urban appearance standards.
Those who install outdoor facilities such as outdoor advertisements, plaques, light boxes, galleries, slogans, and bulletin boards should strengthen the daily management of the facilities to keep them beautiful in appearance, safe and secure, and functional. If the screen is dirty, the fonts are incomplete, the lighting display is incomplete, etc. that affect the city appearance, it should be repaired or replaced in time.
12. Vehicle leakage
Whoever violates the provisions of paragraph 2 of Article 15 of the "Regulations on the Management of City Appearance and Environmental Sanitation of Hubei Province" shall be punished in accordance with Article 42 (7) ), order the removal of road pollutants and may impose a fine of 50 yuan per square meter.
Article 15__ Vehicles operating in urban areas shall keep their appearance clean and tidy. If the vehicle body is not tidy, it shall be cleaned and repaired in a timely manner.
Vehicles carrying bulk or fluid substances must have tightly sealed protective facilities, and there must be no leakage, spillage, or pollution of the road surface.
13. Dumping, throwing, and stacking construction waste at will
Violates Article 15 of the "Urban Construction Waste Management Regulations". According to Article 26, the Urban People's Government shall The city appearance and environmental sanitation department will order corrections within a time limit, give a warning, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan on the unit, and a fine of not more than 200 yuan on the individual.
Article 15 No unit or individual may dump, scatter or pile construction waste at will.
I hope the above content will be helpful to you. If you still have any questions, please consult a professional lawyer.
Legal basis:
Article 12 of the "Urban City Appearance and Environmental Sanitation Management Regulations"
The construction unit shall promptly remove the construction debris generated during the construction of the project Garbage should be disposed of in accordance with the regulations of the city appearance and environmental sanitation department of the city people's government to prevent environmental pollution.
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