Hua Ke Gong Shang Xin Gui Zi [2021] No. 2               Issued by: Chen Weiwen

Notice of Huadu District Bureau of Science, Industry, Commerce and Information Technology of Guangzhou Municipality on Issuing the ManagementRules of Huadu District for the Renewable Resources Recycling Industry

　　All units directly under the district government, towns and sub-districts:

　　The Management Rules of Huadu District for the Renewable Resources Recycling Industryhave been approved by the Huadu District Government, and are hereby issued to you for earnest implementation in light of the realities. Problems encountered in the implementation shall be directly reported to the Huadu District Bureau of Science, Industry, Commerce and Information Technology.

Huadu District Bureau of Science, Industry, Commerce and Information Technology of Guangzhou Municipality

November 24, 2021

Management Rules of Huadu District for the Renewable Resources Recycling Industry

Chapter I General Provisions

　　Article 1 To standardize the management of the renewable resources recycling industry, accelerate the construction of the renewable resources recycling system, and boost the healthy development of the renewal resources recycling industry of Huadu District, in accordance with the relevant laws and regulations, including the Law of the People’s Republic of China on the Promotion of Circular Economy, the Measures of Guangdong Province for Implementing the Law of the People’s Republic of China on the Promotion of Circular Economy, the Management Measures for the Recycling of Renewable Resources and the Regulations of Guangzhou Municipality on the Management of Renewable Resources Recycling, and in light of the realities of Huadu District, these Rules are hereby formulated.

　　Article 2 The “renewable resources” herein refer to wastes generated by social production and living consumption, which have lost all or part of their original use value, but can repossess the use value after they are recycled and processed.

　　Renewable resources include waste metals, scrapped electronic products, electromechanical equipment and their spare parts, waste papermaking raw materials (e.g. waste paper and cotton) , waste light chemical raw materials (e.g. rubber, plastics, pesticide packaging, animal bones and hairs) and waste glass.

　　Article 3 These Rules apply to the enterprises and self-employed businesses engaging in recycling renewable resources in the administrative region of Huadu District (collectively “Renewable Resources Recyclists”).

　　Where there is any special provisions of laws, rules and regulations for the recycling and management of scrapped vehicles, hazardous wastes, wastes under strict control, and imported solid wastes that can be used as raw materials, as well as the processing, utilization and management of waste electronic products, such provisions shall prevail.

　　Article 4 The management of renewable resources recycling shall facilitate the prevention of environmental pollution, improvement of urban appearances, and maintenance of public security order. Under the principle of overall planning and reasonable arrangement, a standardized network system for recycling renewable resources shall be developed to enhance the recycling rate.

　　Article 5 Enterprises are encouraged to focus on boosting the development of renewable resources trading platforms by using modern information technologies and means, e.g. Internet, big data and cloud computing; take waste electrical appliances, electronic products and beverage bottles as a starting point and set up smart automatic recycling machines in residential communities, shopping malls, and other public places where circumstances allow. Leading enterprises are encouraged to enhance the scale and organizational level of Renewable Resources Recyclists by promoting chain operations and franchise (alliance).

　　Exploration shall be made in the new mechanism for coordinated development of the “two systems”. Qualified regions shall conduct pilot program of coordinating the system of renewable resources recycling and the system for classified collection and transportation of domestic garbage, so as to strengthen their connections in the key links, including collection, recycling, transport, sorting and treatment.

　　Efforts shall be made to explore the new mode of reverse logistic construction. Qualified enterprises are encouraged to team up with upstream manufacturers and dealers in experimenting with a reverse logistic system for renewable resources such as waste electrical appliances and electronic products, by using the method of “trade in” and leveraging the existing logistic system.

　　Article 6The application of new sorting and processing technologies shall be promoted. More efforts shall be made in promoting the research and development of equipment for recycling, sorting and processing of renewable resources and providing overall solutions to the sorting and processing of renewable resources, in a bid to make sorting and processing more scientific and refined.

　　Chapter II Outlet Setting Management

　　Article 7Renewable resources recycling outlets include venues where renewal resources stay during the recycling process such as community collection, transport, distribution, processing and treatment.

　　Article 8 Renewable resources recycling outlets must meet the requirements for urban planning and environmental protection, and follow the principles of making things easier for the people, maintaining urban appearance and environmental sanitation, facilitating the management of public safety and ensuring the normal production and life of the public. They shall be located and arranged properly.

　　Renewable resources recycling outlets shall beequipped with venue with necessary fire-fighting equipment, sanitation facilities, operation devices and a sound management system.

　　Article 9For applications for establishing an enterprise or self-employed business that recycles renewable resources, the site selected for business operations shall meet the urban planning and the plan for layout of renewable resources recycling outlets, and the site construction and facilities shall meet the standard for construction of renewable resources recycling outlets.

　　Article 10Renewable resources recycling outlets shall not be set up in the following areas and places:

　　(1)Within 500m away from a railway line, airport, harbor, power transmission and transformation station, construction site, prohibited military zone and metal smelting and processing enterprise;

　　(2)Within 15m outside the vertical projection of the side wires of a 220kv high-voltage power line or in the corridor of a power line protection zone within 20m from the vertical projection of the side wires of a 500kvhigh-voltage power line;

　　(3)Scenic spots and protection zones of drinking water sources.

　　The renewable resources recycling stations that have already been set up in the above areas and places shall moved out gradually.

　　Where there is any other law, regulation, or rule on the areas and places prohibited for the establishment of renewable resources recycling outlets, such law, regulation, or rule shall prevail.

　　Chapter III Management of Recycling

　　Article 11Operators of renew able resources recycling activities shall meet the conditions for industrial and commercial administrative registration and apply for a business license according to law. They may start business activities only after the industrial and commercial registration.

　　Whenhandling business license to a renewable resources recycling enterprise, the market regulation department shall indicate whether its business scope includes the recycling of productive waste metals.

　　Article 12According to the needs of the district departments of commerce and public security, the market regulation department shall cooperate by submitting a list of the renewable resources recyclists that have already completed industrial and commercial registration. For Renewable Resources Recyclists whose business scope covers waste metals, the market regulation department shall submit the list thereof to the public security authority.

　　Article 13 The Renewable Resources Recyclists that deal with productive and non-productive waste metals shall register with the public security authority within 15 days after receiving the business license.

　　In case of any change to the registration matter, such Renewable Resources Recyclists shall fulfill the formalities for change of registration with the public security authority within 15 days after the change occurred (the same applies to change of industrial and commercial registration matters).

　　Article 14A Renewable Resources Recyclist shall hang or place its business license, original registration certificate, business management system, recycling price table and supervisory phone number at an obvious place in its premise, and accept supervision consciously.

　　Article 15A renewable resources recycling enterprise shall provide uniform identifiers for its collection sites, staff members, and vehicles for community recycling. A community collection site shall conduct simple classification of renewable resources only; it shall not conduct disassembling, cleaning, or other processing activities that may result in environmental pollution.

　　The sorting, handling, distribution and storage of renewable resources shall per format a designated venue, where effective measures to prevent the pollution caused by waste water, exhaust gas and noise according to applicable environmental regulations.

　　Article 16Collection sites are encouraged to work directly with renewable resources sorting and trading centers and Renewable Resources Recyclist sare supported to sell the recyclables to these centers directly or have the recyclables collected by the centers on the day of collection, without storing them at the collection site. The non-recyclables sorted out shall be disposed in accordance with the Law of the People’s Republic of China on Prevention and Control ofEnvironmental Pollution by Solid Waste. It is prohibited to mix the sorted-out industrial waste into domestic garbage for dumping and disposal.

　　Article 17During the purchase, storage, transport and treatment of renewable resources, Renewable Resources Recyclists shall observe the following provisions:

　　(1) Strengthen the management of fire and power source safety;

　　(2) Avoid occupying public places during recycling, transport, sorting, processing and treatment;

　　(3) Keep the surrounding environment clean and sterilized regularly, exercise strict control over the pollution caused by noise, dust and peculiar smell and avoid the impact on the normal work and life of surrounding residents;

　　(4) Meet the other relevant provisions of laws, rules and regulations.

　　Article 18 Those who transport productive waste metals and the special equipment for waste metals shall carry purchase contract or the evidentiary document issued by the seller.

　　The public security authority shall, according to law, inspect the conveyances that carry productive waste metals and the special equipment for waste metals.

　　Article 19 When carrying out business activities involving waste electrical appliances and electronic products as well as other junks, including the purchase, sales, storage and transport thereof, Renewable Resources Recyclists shall observe the laws and regulations on the circulation thereof.

　　Article 20There new able resources may be collected door-to-door or at mobile or fixed sites. Renewable Resources Recyclists may communicate with enterprises and residents via telephone and the Internet to provide convenient and fast recycling service.

　　Article 21Incase of productive waste metals deals, the manufacturer shall sign a purchase contract with the recycling enterprise. The contract shall indicate the names, quantity, specifications, recycling period and settlement mode of the productive waste metals to be recycled.

　　Article 22When recycling productive waste metals, the recycling enterprises shall record the names, quantity, specifications and condition thereof.

　　In the case of a corporate seller, it is necessary to examine the certificate issued by it and record the name of the seller and the name, address, ID number and phone number of the handler; in the case of an individual seller, it is necessary to record the name, address, ID number and phone number of the seller.

　　The recorded information shall be kept for no less than 2 years.

　　Article 23 Renewable Resources Recyclists shall not recycle the following objects:

　　(1)Guns and ammunition;

　　(2)Inflammable, explosive, toxic, radioactive and hazardous articles, the containers thereof and other wastes that are included in the national list of hazardous wastes or identified as having any dangerous property using the national standard and method for identification of hazardous wastes;

　　(3)Special equipment without the proof of legal source, e.g. the public and fire facilities for railways, highways, petroleum, electric power, communications, mines, water conservancy, measurement and cities;

　　(4)Historical relics prescribed by the state;

　　(5)Objects involved or suspected to be involved in a case, which the public security is searching for as indicated in its notice;

　　(6)Carriers of state secrets marked by the wordings “Confidential”, “Classified” or “Top Secret” and business automation equipment, e.g. documents, materials, books and journals, drawings, CDs, U discs, magnetic discs, computers, printers and copiers;

　　(7)Other objects whose cycling is prohibited by laws and regulations.

　　ARenewable Resources Recyclist shall immediately report to the public security authority upon discovery of any of the aforementioned objects.

　　Article 24 Renewable Resources Recyclists are forbidden to take the following actions:

　　(1)Fabricate and spread false information through deliberate collusion;

　　(2)Dominate the market, impose purchase or sale and join hands in driving up or down the prices of renewable resources;

　　(3)Violate the regulations on environmental protection by failing to take effective measures to prevent pollution by waste water, waste gas and noise;

　　(4)Solicit business in the street and occupy pavement illegally for operation and pile-up of things;

　　(5)Wantonly pile up and storage damaged waste batteries and electronic components that are easy to cause contaminating leakage on ground without anti-seepage measures;

　　(6)Other acts that disrupt market transaction order.

　　Chapter IV Supervision and Management

　　Article 25Huadu District Bureau of Science, Industry, Commerce and Information Technology is in charge of the renewable resources recycling industry in the district. It is responsible for formulating and implementing industrial policies, standards and development plans; managing the recycling of renewable resources in the district; organizing the implementation of these Rules.

　　Article 26Huadu District Sub-branch of the Guangzhou Municipal Bureau of Public Security is responsible for managing the public security of the renewable resources recycling industry and registration of the recyclists of waste metals. It shall crack down on the illegal acts of selling and harboring stolen goods or illegally recycling productive and non-productive waste metals; detain according to law the stolen goods or suspected stolen goods discovered by Renewable Resources Recyclists and issue a list of the detained goods. After investigation, objects proven to be not stolen goods shall be returned promptly to the owner according to law; those proved to be stolen goods shall be disposed in accordance with relevant regulations.

　　Article 27Huadu District Administration for Market Regulation is responsible for managing the registration of Renewable Resources Recyclists, supervising the renewable resources trading market, investigating and punishing unlicensed business as well as the illegal acts of concealing facts, reporting false domicile information, submitting false certificate proving the use of a domicile and changing domicile without registration; entering into the list of abnormal operations the commercial entities unreachable through their registered domiciles.

　　Article 28Huadu District Fire Brigade is responsible for managing the fire control of the renewable resources recycling industry, guiding the fire safety of Renewable Resources Recyclists, and investigating and punishing the acts in violation of the laws and regulations on fire control.

　　Article 29 Huadu District Sub-branch of Guangzhou Municipal Bureau of Ecology and Environment is responsible for supervising and managing the pollution prevention and cure during the collection, processing and treatment of renewable resources, and punishing according to law the acts that violate the laws and regulations on the prevention and cure of environmental pollution.

　　Article 30Huadu District Bureau of Urban Management and Comprehensive Law Enforcement is responsible for demolishing the illegal buildings for renewable resource esrecy cling and supervising the areas around the renewable resources recycling sites.

　　Article 31Huadu District Supply and Marketing Cooperative will implement the renewable resources recycling work throughout the district; work with the industry authority in formulating plans and standards for the district renewable resources recycling network, offer suggestions on the researches and demonstration for the relevant laws, regulations and policies; assist the industry authority in guiding the work of the industry association and staff training on mobile collection; implement standardized staff management in the collection stations under the Green Net Company of the cooperative.

　　Article 32Towns (sub-districts) shall strengthen everyday inspection of the renewable resources recycling industry and set up the corresponding management body under the principle of territorial jurisdiction, which will be responsible for supervising and managing the renewable resources recycling industry of the localities.

　　Article 33 The Development and Reform Bureau, Bureau of Emergency Management, and Bureau of Housing and Urban-Rural Development and Bureau of Transport of Huadu District shall support the regulation of the recycling of renewable resources according to their respective duties.

　　Article 34As a self-discipline organization of the industry, the association of the renewable resources recycling industry shall perform the following duties:

　　(1)Formulate self-discipline standards for the industry and supervise the implementation thereof;

　　(2)Work with the industry authority in studying and making development plans, industrial policies, and recycling standard;

　　(3)Pass on the suggestions and requirements of renewable resources recyclists, and protect their legitimate rights and interests;

　　(4)Conduct statistical analysis and surveys and releases the information of the industry as entrusted by the industry authority;

　　(5)Manage and train the staff members of mobile enewable resources collection.

　　The association of the renewable resources recycling industry shall accept the business guidance by the industry authority.

　　Chapter V Legal Responsibility

　　Article 35 For those who violate these Rules by engaging in renewable resources recycling without a business license, the market regulation department shall impose punishment in accordance with the Measures for Investigating and Punishing Unlicensed Business Operations.

　　Article 36The public security authority will impose punishment as stipulated below on those who violate these Rules by committing any one of the acts set out below:

　　(1) For Renewable Resources Recyclists that engage in the purchase of waste metals in the municipality and fail to register with the public security authority as stipulated herein, the public security authority will give a warning and order them to make correction within the given time limit according to the ManagementMeasures for Renewable Resources Recycling; Those who refuse to make correction within the given time will be imposed a fine of more than 500 yuan and less than 2000 yuan, according to  the seriousness of the case, and such issue may be made public to the society;

　　(2)For those that violate these Rules by being unable to provide evidentiary documents in the transport of productive waste metals and the special equipment for waste metals, a warning may be given and a fine of more than 500 yuan and less than 2000 yuan may be imposed. If the public security authority finds that the objects being transported are stolen goods or suspected stolen goods, it shall detain the objects according to law and make a list of the detained objects. After investigation, objects proven to be not stolen goods shall be returned promptly to the owner according to law; those proved to be stolen goods shall be disposed in accordance with relevant regulations.

　　(3)For those that violate these Rules by failing to registered the purchased productive waste metals, the public security authority will impose punishment in accordance with the relevant provisions of the Management Measures for the Public Security of the Waste Metal Purchase Industry.

　　(4) For those that violate these Rules by failing to keep the registration materials of the purchased productive waste metals for less than 2 years, the public security authority shall order them to make correction and impose a fine of more than 500 yuan and less than 2000 yuan in accordance with the relevant provisions of the ManagementMeasures for the Recycling of Renewable Resources.

　　(5)For those that violate these Rules by failing to report to the public security authority the stolen goods or suspected stolen goods that they have found, the public security authority shall give a warning and impose a fine of more than 500 yuan and less than 2000 yuan in accordance with the relevant provisions of the Management Measures for the Recycling of Renewable Resources, or a fine of more than 1,000 yuan and less than 5,000 yuan; if serious consequences are caused or the violator refuses to make correction despite repeated warning.

　　(6)For those that violate these Rules by purchasing objects that are prohibited for purchase, the public security authority shall impose punishment in accordance with the relevant provisions of the Law of the People’s Republic of China on Penalties forAdministration of Public Security”.

　　Article 37 For staff members of the related administrative department who have committed serious dereliction of duty, misused their authority, engaged in malpractices for selfish ends, accepted bribes, infringed upon the legitimate rights and interests of Renewable Resources Recyclists, or shielded or connived at illegal business, the related competent department shall impose corresponding administrative punishment according to regulations as appropriate for the case; those involved in crimes will be held accountable for criminal liability.

　　Chapter VI. Supplementary Provisions

　　Article 38 The “productive waste metals” herein refer to the metal materials and products that are used in construction, railways, communications, electric power, water conservancy, oilfields, municipal facilities and other fields of production, but have lost all or part of the original use value.

　　Article 39Huadu District Bureau of Science, Industry, Commerce and Information Technology shall join the other related departments in interpreting these Rules.

　　Article 40 These Rules shall come into force on the date of promulgation and remain in force for 3 years.