Dalian Municipal People's Government Decree
No.160
The Decision of Dalian Municipal People's Government on Amending the Measures for the Administration of Urban Environmental Sanitation Facilities in Dalian, which was adopted at the 54th Executive Meeting of the 16th Dalian Municipal People's Government on August 17, 2019, is hereby promulgated and shall come into force as of the date of promulgation.
Mayor: Tan Chengxu
August 23, 2019
Decision of Dalian Municipal People's Government on Amending the Measures for the Administration of Urban Environmental Sanitation Facilities in Dalian
The municipal government decided to amend the 'Dalian Municipal Environmental Sanitation Facilities Management Measures' (Da Zheng Fa [1998] No.52) and delete Article 15.
In addition, the order of the articles will be adjusted accordingly.
This Decision shall come into force as of the date of promulgation.
'Dalian Municipal Environmental Sanitation Facilities Management Measures' shall be revised and re-promulgated according to this Decision.
Measures of Dalian Municipality on the Administration of Urban Environmental Sanitation Facilities
(On July 2, 1998, Dalian Municipal People's Government issued Document No.52 [1998]; According to Decree No.37 of Dalian Municipal People's Government on December 3, 2003, 'Decision of Dalian Municipal People's Government on Amending Some Municipal Government Regulations and Normative Documents' was amended for the first time. According to Order No.48 of Dalian Municipal People's Government on June 23, 2004, the 'Decision of Dalian Municipal People's Government on Amending Some Municipal Government Regulations' was amended for the second time. According to Decree No.116 of Dalian Municipal People's Government on December 26, 2011, 'Decision of Dalian Municipal People's Government on Amending 12 Municipal Government Regulations' is revised for the third time. According to Dalian Municipal People's Government Decree No.154 of July 23, 2018, the 'Decision of Dalian Municipal People's Government on Amending 32 Municipal Government Regulations' is revised for the fourth time; According to Dalian Municipal People's Government Decree No.160 of August 23, 2019, the Decision of Dalian Municipal People's Government on Amending the Measures for the Administration of Urban Environmental Sanitation Facilities in Dalian is revised for the fifth time.)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Regulations of the State Council on the Administration of City Appearance and Environmental Sanitation and the Regulations of Dalian Municipality on the Administration of Urban Environmental Sanitation in order to strengthen the administration of urban environmental sanitation facilities, ensure the matching, intact and normal use of environmental sanitation facilities, and create a clean and beautiful urban production and living environment.
Article 2 These Measures shall apply to the planning, construction, installation, maintenance and management of environmental sanitation facilities in Dalian's urban planning areas and towns.
Article 3 The term 'environmental sanitation facilities' as mentioned in these Measures mainly includes environmental sanitation public facilities, environmental sanitation engineering facilities and environmental sanitation workplaces.
Environmental sanitation public facilities refer to public toilets, septic tanks, garbage containers (bags), container rooms, garbage rooms, waste boxes, special vehicles for environmental sanitation, etc.
Environmental sanitation engineering facilities refer to garbage transfer stations (houses), garbage (feces) harmless treatment plants (factories), garbage incinerators, waste crushers, waste water drying machines, cesspool, special vehicle parking areas, sprinkler (flushing) vehicle water supplies, vehicle cleaning stations, etc.
Environmental sanitation workplaces refer to the work and rest rooms of environmental sanitation workers.
Article 4 Dalian Urban Construction Administration Bureau is the administrative department in charge of environmental sanitation in Dalian, and its subordinate Dalian Environmental Sanitation Administration Agency is specifically responsible for the daily management of environmental sanitation facilities.
The county (city) and district environmental sanitation administrative departments are responsible for the management of environmental sanitation facilities within their respective jurisdictions. The daily management is the responsibility of the subordinate environmental sanitation management agencies, and the business is subject to the guidance of the municipal environmental sanitation management agencies.
All levels of planning, construction, land planning, environmental protection, health, public security, industry and commerce departments shall, in accordance with their respective division of responsibilities, assist the environmental sanitation administrative departments to jointly do a good job in the management of environmental sanitation facilities.
Article 5 The municipal, county (city) and district environmental sanitation administrative departments shall, under the leadership of the people's government at the same level and in conjunction with relevant departments, actively carry out scientific and technological research on environmental sanitation facilities, vigorously promote the application of advanced technologies and equipment, and adapt the development of environmental sanitation facilities to the development of urban construction.
Chapter II Planning, Construction and Setting of Facilities
Article 6 The competent administrative department of environmental sanitation shall, in conjunction with the relevant departments, prepare the construction of urban environmental sanitation facilities, set up professional plans and implementation plans, which shall be incorporated into the overall urban planning and the national economic and social development plan after being submitted to the government for approval.
Article 7 When carrying out specific city planning and site selection for construction projects, the city planning department shall, in conjunction with the competent administrative department of environmental sanitation, determine the scope of land for environmental sanitation facilities in accordance with the relevant provisions of the State.
Article 8 For the land planned for environmental sanitation facilities, the construction unit must construct and set up environmental sanitation facilities in accordance with the construction plan for environmental sanitation facilities and the requirements of the competent administrative department of environmental sanitation.
No unit or individual may arbitrarily occupy the planned land for environmental sanitation facilities or change the nature of their use.
Article 9 For new construction, renovation or expansion of environmental sanitation facilities, the project and design scheme must be examined and approved by the competent administrative department of environmental sanitation. The approved design scheme of environmental sanitation facilities shall not be changed at will. If it is really necessary to change, prior consent must be obtained from the competent administrative department of environmental sanitation.
Article 10 For the development of new districts, the renovation of old districts and the construction of public places such as airports, railway stations, docks, shopping malls, hotels, restaurants, cultural, sports and entertainment facilities, tourist spots, etc., the planning and design scheme shall include the setting up of environmental sanitation facilities.
Article 11 Supporting projects for environmental sanitation facilities shall be planned, designed, constructed and accepted at the same time as the main project. The required costs shall be included in the construction project budget and shall be borne by the main project construction unit. When the environmental sanitation facilities are completed, the environmental sanitation administrative department must participate in the acceptance. After passing the acceptance, the main project and environmental sanitation facilities can be put into use; If the acceptance fails, the construction unit shall correct it within the prescribed time limit.
Article 12 The competent administrative department of environmental sanitation shall, in accordance with the requirements of the overall urban planning and the professional planning of urban environmental sanitation, focus on the construction, renovation or support the relevant units in the construction and renovation of public toilets, vehicle cleaning stations, harmless treatment plants (fields) and other environmental sanitation facilities.
Article 13 The new public toilets should be mainly water flushing toilets, and no dry toilets are allowed. For the original public toilets that do not meet the environmental sanitation standards, the environmental sanitation administrative department should make a plan to organize the property rights units to gradually transform to meet the standards.
Article 14 In addition to the environmental sanitation facilities organized and constructed by the government's unified planning and environmental sanitation administrative departments, other environmental sanitation facilities shall be set up according to the following division of labor:
(1) Such important places as urban roads and squares shall be entrusted by the competent department of environmental health administration to the professional units in charge of environmental sanitation;
(2) All kinds of public places and public buildings shall be under the responsibility of the management unit or the owner of the property right;
(3) Business outlets and all kinds of fairs and stalls shall be under the charge of management;
(4) Residential areas shall be under the responsibility of the development, construction or business management entities;
(5) all kinds of vessels, car parks, small amusement parks, etc., shall be in the charge of the owner or manager of the property;
(6) The construction site shall be the responsibility of the construction unit;
(7) Within each unit, the unit shall be responsible for itself.
Chapter III Maintenance and Management of Facilities
Article 15 The property right unit or manager shall be responsible for the cleaning, maintenance, repair and renewal of environmental sanitation facilities. If the property right unit of the environmental sanitation facilities is unable to manage it, it may entrust the environmental sanitation professional unit or business unit to manage it.
If the environmental sanitation facilities are transferred to the environmental sanitation professional unit for maintenance, the transfer procedures shall be handled in accordance with the regulations.
Article 16 Units engaged in the operation and maintenance of environmental sanitation facilities shall have the corresponding qualifications.
Article 17 The maintenance of urban environmental sanitation facilities shall meet the relevant environmental sanitation standards and facility quality standards.
The competent administrative department of environmental sanitation shall establish and improve the inspection and appraisal system, and do a good job in the supervision, inspection and appraisal of the maintenance of environmental sanitation facilities within its jurisdiction.
Article 18 Units and individuals must take good care of and correctly use environmental sanitation facilities, prohibit the following acts:
(1) daubing, pasting and inscribing environmental sanitation facilities;
(2) to build buildings or structures attached to environmental sanitary facilities or occupied
workplaces for environmental sanitation;
(3) stacking of articles in environmental sanitation facilities;
(4) excavating sand, stone and soil in the land for environmental sanitation or in workplaces;
(5) discharge of corrosive, inflammable, explosive or highly toxic substances into environmental sanitation facilities;
(6) incineration of articles in environmental sanitation facilities;
(7) other acts that impair environmental health facilities and affect their maintenance and management.
Article 19 It is forbidden to occupy, damage or close, idle or dismantle environmental sanitation facilities without authorization or change the nature of their use. If it is really necessary to close, idle or dismantle environmental sanitation facilities or change the nature of their use, the approval of the competent department of environmental sanitation shall be obtained according to law.
Article 20 If the environmental health facilities approved for demolition must be repaired, they shall be built first and demolished later. Where construction is not required, the demolition unit shall give compensation to the property right holder.
Article 21 Where urban construction and other engineering construction may endanger the safety and normal use of environmental sanitation facilities, the parties concerned shall obtain the prior consent of the owner of the property right of the environmental sanitation facilities and report to the competent administrative department of environmental sanitation for the record. Corresponding protective measures shall be taken during construction to ensure the normal use of facilities.
Where a billboard is erected using environmental sanitation facilities, consent from the owner of the facility shall be obtained, and measures taken to prevent damage to the facilities shall be taken to ensure the normal use of the facilities.After the publication of the advertisement, the publishing unit shall restore its facilities to their original state.The installation of billboards shall conform to the list of advertising environmental sanitation facilities published by the municipal environmental health administrative department.
No unit or individual may use environmental sanitation facilities without authorization to engage in business activities that do not conform to the nature of the use of the facilities.
Article 22 The implementation of environmental sanitation facilities property rights registration system. The owner of the environmental sanitation facility shall report and register with the environmental sanitation administrative department within the prescribed time limit with relevant information.
Environmental sanitation administrative departments should establish and improve the archives and management system of urban environmental sanitation facilities. The relevant units shall promptly submit relevant information on environmental sanitation facilities to the competent administrative department of environmental sanitation.
Chapter IV Penalties
Article 23 Whoever violates these Measures shall be given a warning by the competent administrative department of environmental sanitation or the environmental sanitation management institution entrusted by it, and shall be fined according to the following provisions: if it is a non-business activity, it shall be fined not more than 1000 yuan; Belong to business activities, there is illegal income, a fine of 5000 yuan to 30 thousand yuan, no illegal income, a fine of 1000 yuan to 10 thousand yuan.
If the illegal act of the party concerned causes economic losses, the environmental health administrative department or the environmental health management institution entrusted by the party concerned may order the party to compensate for the economic losses.
Article 24 Acts in violation of these Measures, involving construction, environmental protection, land planning, public security, health, prices, industry and commerce administration, shall be punished by the administrative department in accordance with the law.
Article 25 If a party refuses to accept the decision on administrative punishment, he may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the provisions of laws and regulations on administrative reconsideration in administrative litigation. If it fails to apply for reconsideration, prosecute or perform the punishment decision within the time limit, the organ that made the punishment decision may apply to the people's court for compulsory execution according to law.
Article 26 Whoever steals or damages various environmental sanitation facilities, insults or beats environmental sanitation management personnel or obstructs them from performing their official duties shall be punished by the public security organ in accordance with the provisions of the Public Security Administration Punishment Law of the People's Republic of China. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 27 Environmental health management personnel whoever neglects his duty, abuses his power or engages in malpractices for personal gains shall be given administrative sanctions by the unit to which he belongs or by the competent department at a higher level; if the case constitutes a crime, he shall be investigated for criminal responsibility according to law..
Chapter V Supplementary Provisions
Article 28 These Measures involve the relevant examination and approval and acceptance of the management of environmental sanitation facilities. In Zhongshan District, Xigang District, Shahekou District, Ganjingzi District and Lvshunkou District, the Municipal Environmental Sanitation Management Office entrusted by the Municipal Urban Construction Bureau shall be responsible. County (city) or Jinzhou District, the environmental health administrative department entrusted by the local environmental health administrative department shall be responsible for the environmental health administration and report the matter to the Municipal Environmental Hygiene Administration Office for the record.
Article 29 The management of environmental sanitation facilities in Dalian Economic and Technological Development Zone, Dalian Free Trade Zone, Dalian High-tech Industrial Park and Dalian Jinshitan National Tourism Resort may be implemented in accordance with these Measures.
Article 30 These Measures shall come into force as of the date of promulgation.
