Special legislation is urgently needed for construction waste management

  The output of construction waste in my country is becoming more serious but the resource utilization rate is not high. Expert advice

  ● Compared with the huge amount of construction waste, the utilization rate of construction waste in my country is not high at present

  ● The current local regulations on construction waste management mainly focus on the management and punishment of the whole process of construction waste generation, and the responsibility of the manufacturer. However, the resource utilization of construction waste is mainly based on policy guidance and lacks corresponding Legal requirements

  ● Introduce supporting policies to support construction waste resource utilization technology and cultivate construction waste resource utilization enterprises, and increase support for resource utilization enterprises in terms of product sales and land security

  □ reporter Wang Yang

  □ Our newspaper trainee reporter Bai Chuxuan

  Recently, the Administrative Law Enforcement Bureau of Changsha County, Changsha City, Hunan Province investigated and dealt with four cases of random dumping of construction waste affecting the city appearance.

This incident has caused social concern.

  Article 15 of the "Regulations on the Management of Urban Construction Waste" stipulates: "No unit or individual may dump, throw or pile up construction waste at will."

  Construction waste refers to the spoil, spoil, muck, residual mud and other wastes left over during the laying, construction or demolition of various buildings and structures by individuals, construction units or construction units.

  As my country’s old city reconstruction and urbanization are accelerating, tens of millions of tons or even hundreds of millions of tons of construction waste will be generated every year.

How to use construction waste as a resource has become a difficult problem in urban and rural development.

  According to statistics from the Construction Waste Management and Resource Recycling Committee of the China Urban Environmental Sanitation Association, from 2010 to the present, a total of 10 provinces, cities and 167 regions in my country have issued policies on construction waste management, but the relevant policies that have been issued specify construction From a provincial level, less than 20% of waste is used as a resource, and from a regional perspective, it is only 22%.

  Experts interviewed by a reporter from the "Rules of Law Daily" believe that the utilization of construction waste is a systematic project involving production, transportation, treatment, and reuse. It requires construction, urban management, city appearance, environmental protection, industry and informatization. The Development and Reform Commission and other administrative departments coordinated and coordinated effectively.

At present, various local regulations on construction waste management mainly focus on the management and punishment of the whole process of construction waste generation, and the responsibility of the manufacturer. However, the resource utilization of construction waste is mainly based on policy guidance and lacks corresponding by law.

Therefore, the state must improve the special legislation for the resource utilization of construction waste and extend the industrial chain of the resource utilization of construction waste.

  Demolition of illegal buildings produces garbage

  Source reduction is urgent

  The reporter of the "Rules of Law Daily" sorted out and learned that, in the process of construction waste transportation, landfill and open-air storage in China, there are irregular construction waste discharges and construction waste accumulation risks. A large amount of construction waste has not been used in a benign way and occupied land. At the same time as resources, landfilling, throwing, and stacking construction waste can also easily cause air, soil and water pollution.

  In September this year, the Urban Management Bureau of Xianyang City, Shaanxi Province released information on administrative penalties for the comprehensive law enforcement detachment in the second quarter of this year. Many companies were punished for non-coverage of construction waste, non-compliant construction waste transportation, and spilling construction waste.

  In July of this year, nine transportation companies in Lili Town, Wujiang District, Suzhou City, Jiangsu Province were given warnings and fines for transporting construction waste at night without approval, with a total fine of 270,000 yuan.

  During the period of rapid economic development, a large number of buildings, including houses, factories and various infrastructures, are demolished every day in urban and rural areas.

Among them, there are some illegal buildings demolished.

  In March of this year, the Propaganda Department of Huangdao District Committee of Qingdao City, Shandong Province issued a notice on the renovation of 41 buildings that involved damage to the ecological shoreline in the new area Hanbi Building project, in order to restore the natural ecological function of the coastal zone and the public of the ecological shoreline. Attributes.

  In April of this year, Wuhe Township, Shangcheng County, Xinyang City, Henan Province, forced the demolition of illegally built villas.

Previously, an illegal building with an area of ​​more than 4,000 square meters and a value of nearly 10 million yuan in the core area of ​​the Catfish Mountain Nature Reserve in a village group in Wuhe Township was jointly organized by the Wuhe Township Government because of severe damage to the ecological environment and serious impact on drinking water safety. The relevant functional departments such as the three violations, the Public Security Bureau, the Land and Resources Bureau, the Housing and Construction Bureau, the Forestry Bureau, and the Forest Public Security Bureau were all demolished within one day.

  According to Hu Gongqun, a legislative consultant to the Standing Committee of the Beijing Municipal People’s Congress, there are many illegal buildings in reality, which obviously violate the Land Management Law, the Urban and Rural Planning Law, the "Regulations on the Planning and Construction of Villages and Towns" and other relevant laws and regulations, and have not obtained the "Construction Project Planning" License”, but some regulatory agencies did not block the construction from the source, but are used to forced demolition afterwards.

Therefore, relevant departments should strengthen the construction of administrative law enforcement teams, reduce construction waste from the source of construction, and realize waste reduction. It is necessary to prevent chaos and inaction, and reduce resource damage and waste of manpower and material resources.

  The output of construction waste is amazing

  Low resource utilization

  In May of this year, the person in charge of the Department of Engineering Quality and Safety Supervision and the Department of Urban Construction of the Ministry of Housing and Urban-Rural Development said in an interview with the media that according to the calculations of relevant industry associations, the annual production of urban construction waste in my country has exceeded 2 billion tons in recent years. The amount of garbage generated is about 10 times, accounting for about 40% of the total municipal solid waste.

Construction waste has become the largest and most concentrated solid waste discharged by a single species in my country.

  According to the "Analysis Report on the Development Prospects and Investment Strategic Planning of China's Construction Waste Treatment Industry" issued by the Qianzhan Industry Research Institute, 500 to 600 tons of construction waste will be generated during the construction of a 10,000 square meter building, and 10,000 square meters will be demolished Old buildings will generate 7,000 to 12,000 tons of construction waste.

my country's construction waste accounts for more than 30% of the total urban waste.

It is conservatively estimated that in the next 10 years, my country will generate more than 1.5 billion tons of construction waste every year on average.

In 2020, construction waste will reach 2.6 billion tons, and in 2030 it will reach 7.3 billion tons.

  Compared with the huge amount of construction waste generated, the utilization rate of construction waste in my country is currently not high.

  The "Analysis Report on Development Prospects and Investment Strategic Planning of China's Construction Waste Disposal Industry" mentioned that there are only about 70 production lines with an annual construction waste disposal capacity of more than 1 million tons that have been completed and put into operation and under construction in my country. Small-scale disposal companies have There are hundreds of companies with a total resource utilization of less than 100 million tons, and the overall recycling rate of construction waste is less than 10%, which is far lower than 90% in European and American countries and 95% in Japan and South Korea.

  Gao Lihong, vice chairman and professor of the Environmental Resources Law Research Association of the Chinese Law Society, believes that the low utilization rate of construction waste in my country is mainly due to the following three reasons:

  One is the lack of effective guidance.

Most cities pay insufficient attention to the utilization of construction waste, and the focus of management of construction waste is still at the stage of controlling the output of construction waste.

  The second is the lack of relevant policies and regulations.

my country’s current Circular Economy Promotion Law, "Regulations on Urban Appearance and Environmental Sanitation Management" and "Urban Construction Waste Management Regulations" and other laws and regulations mainly focus on the environmental pollution caused by construction waste and its impact on the appearance of the city, without involving Recycling of construction waste and other issues.

  The third is the lack of unified planning.

The supervision of construction waste by local governments is in the multiple management of housing urban-rural construction system, municipal and city appearance, and urban management.

At the same time, the recycling of construction waste has not been included in the government's public construction materials list, and relevant subsidies are difficult to get in place, which affects the production enthusiasm of construction waste disposal enterprises.

  Some people in the industry believe that, on the one hand, the design, construction, and demolition of construction projects mostly adopt traditional extensive production methods, which directly cause a large amount of solid waste from construction. Compared with developed countries abroad, the utilization rate of construction waste in China is On the low side, the treatment and disposal of construction waste is still in the primary state of simplification and disorder; on the other hand, for all types of construction waste, classification and recycling, organized consumption and resource management are not implemented. There is no mandatory recycling obligation for producers of construction solid waste.

 Policies and regulations have been introduced

  Encourage and support recycling

  "Garbage is not useless, but a misplaced resource." Studies have shown that for every 100 million tons of construction waste used, 24.3 billion standard bricks and 36 million tons of mixed materials can be produced, reducing soil extraction or replacing 10 million cubic meters of natural sand and gravel. It saves 2.7 million tons of coal and adds 8.46 billion yuan in output value, which can create huge economic benefits.

  It is understood that there are currently four main ways to dispose of construction solid waste in my country: backfilling elevation, reclaiming land from the sea, piled mountains for landscaping, and recycling.

  According to analysis by industry insiders, compared with the huge amount of construction waste generated in my country, the market space for resource utilization of construction waste in my country is still very large. If the resource utilization of construction waste in my country can reach the level of Europe, America, Japan and South Korea, these construction waste will be used as resources. Reutilization can create trillions of value.

  During the two sessions in 2019, Li Baozhong, representative of the National People’s Congress and chairman of Hebei Construction Group Co., Ltd., said in an interview with the media: “In 2017, my country produced about 2.4 billion tons of construction waste, of which only about 120 million tons were used for resource utilization. The utilization rate is only about 5%. The recycling rate of construction waste in developed countries has exceeded 90%, and the recycling rate in some areas in Japan has reached 100%. Therefore, it is urgent to improve the level of recycling and reuse of construction waste in my country."

  Relevant information shows that some developed countries regard the resource utilization of construction waste as a long-term national strategy, and realize the resource utilization of construction waste through legal guarantee, government support and advanced technology development and application.

  A reporter from the "Rule of Law Daily" found that Germany issued the "Circular Economy and Waste Removal Law" as early as 1994 to recycle construction waste; Japan passed the "Waste Disposal Law" and "advanced proper treatment of construction by-products." "The Outline" has promoted the recycling of construction waste since the 1970s; South Korea passed the "Construction Waste Recycling Promotion Act" to require the use of construction waste recycled products, and set penalties for non-compliant use of construction waste recycled products.

  In fact, in recent years, various national ministries and commissions have successively issued relevant policies, regulations and guidance opinions on the resource utilization of construction waste.

  In 2011, the National Development and Reform Commission issued the "Twelfth Five-Year" Resource Comprehensive Utilization Guidance and the "Implementation Plan for the Comprehensive Utilization of Bulk Solid Waste" to clearly promote waste production in construction projects to produce pavement permeable brick blocks, concrete, and municipal Recycling building materials such as engineering products, and road-based materials require all regions of the country to establish a complete recycling system for construction engineering waste and implement construction waste recycling projects.

  In 2013, the State Council forwarded the "Green Building Action Plan" formulated by the National Development and Reform Commission and the Ministry of Housing and Urban-Rural Development, focusing on "promoting the utilization of construction waste as a resource".

  In 2016, the "Several Opinions on Further Strengthening Urban Planning and Construction Management" issued by the Central Committee of the Communist Party of China and the State Council put forward the goal of striving to basically establish a construction waste recycling and recycling system within 5 years.

  In 2017, the National Development and Reform Commission issued the "Recycling Economy Development Evaluation Index System", which included the recycling rate of urban construction waste into the city evaluation index system for the first time. The evaluation results will be used as an important reference for future applications for relevant funds and policy support.

  The "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste," revised on April 29 this year, came into effect on September 1, adding new specific regulations on the prevention and control of construction waste pollution.

Including the separation of “construction waste” from the original “domestic waste” classification and management as a separate category; local people’s governments and competent departments at or above the county level are required to strengthen the prevention and control of environmental pollution by construction waste, and establish classification, utilization and management "Construction waste classification system", "Construction waste whole process management system" and "Construction waste recycling system"; require engineering construction units to formulate construction waste treatment plans, take pollution prevention measures, and report to local people’s governments at or above the county level. Recorded by the health authority.

  On May 8 this year, the Ministry of Housing and Urban-Rural Development issued the "Guiding Opinions on Promoting the Reduction of Construction Waste", in order to do a good job in the reduction of construction waste, promote the transformation and upgrading of green construction and the construction industry, and promote the implementation of the new solid waste law With regard to the spirit, it is proposed that "by the end of 2020, a working mechanism for reducing construction waste in various regions will be initially established."

  Continuous innovation with technology

  Preferential policies to attract investment

  In addition, many places across the country have successively formulated plans for the utilization of local construction waste resources:

  Yunnan Province proposes to increase the recycling rate of garbage to more than 35% by 2020, and basically establish a recycling and recycling system for kitchen waste and building waste;

  Anhui Province proposes that by 2020, the utilization rate of construction waste in provincial cities will reach more than 70%, and counties (cities) will build resource utilization facilities, and the utilization rate will reach more than 30%;

  The General Office of the Guizhou Provincial Government issued the "Notice on Strengthening the Management of Construction Waste to Promote the Utilization of Resources", clarifying that by 2020, the utilization rate of construction waste in each city (prefecture) and Gui'an New District will reach more than 30%;

  The Department of Housing and Urban-Rural Development of Hunan Province issued the "Hunan Construction Waste Resource Utilization Development Plan (2020-2030)", which clarified the development direction and phased goals of the construction waste resource utilization in Hunan Province.

It is clear that by 2020, 37 construction waste resource utilization bases will be planned and constructed in the province, and the utilization rate of construction waste will reach more than 35%; by 2025, 60 related bases will be planned and constructed in the province, and the resource utilization rate will reach more than 70%; to In 2030, the province plans to build 75 related bases, and the resource utilization rate will reach 85% or more.

  How to make the plan to increase the utilization rate of construction waste resources truly implemented?

Su Guijun, vice president of China Building Materials Industry Planning and Research Institute, put forward three suggestions for this:

  First of all, it will issue supporting policies to support construction waste resource utilization technology and cultivate construction waste resource utilization enterprises, and increase support for resource utilization enterprises in terms of product sales and land security.

  Secondly, we must give play to the leading role of the government, encourage planning, design, construction, transportation, demolition and other units to actively participate, and further accelerate the technological innovation of resource utilization.

Organize and carry out scientific research on key technologies for the recycling and utilization of construction waste, and strive to broaden the ways and channels of recycling construction waste.

  Third, it is necessary to further improve the marketization level of resource utilization.

Through preferential policies such as taxation, enterprises and social capital are attracted to enter the construction waste resource utilization industry, and the enthusiasm of market players is aroused.