On April 29th, the newly revised "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste" (hereinafter referred to as the "New Solid Waste Law") was reviewed and approved, and will come into effect on September 1st, 2020. The new solid waste law has added a large number of specific provisions on construction waste, clarifying the content of construction waste pollution prevention and control.

　　01

　　Add three aspects of content, corresponding to three significant new changes

　　In order to strengthen the source control of construction waste, effectively reduce the generation and discharge of construction waste during the construction process, strengthen the binding system requirements for the responsibility of construction waste producers, promote the adoption of advanced technology, processes, equipment, and management measures by construction units, and reduce the generation of construction waste from the source, the new solid waste law has been revised and innovated in the following aspects, improve the legal system, and strengthen top-level design.

　　One is that the new solid waste law treats "construction waste" as a separate category for management.

　　The new solid waste law separates "construction waste" from "household waste" in the solid waste law and manages it as a separate category. Previously, solid waste was divided into three categories: "household waste, industrial solid waste, and hazardous waste", with "construction waste" being a small category of "household waste"; The new solid waste law divides solid waste into five categories: industrial solid waste, household waste, construction waste, agricultural solid waste, and hazardous waste. "Construction waste" and "household waste" are listed as one category, which is conducive to the independent management of "construction waste" in various fields.

　　Secondly, the new solid waste law proposes a new requirement for the establishment of a "government version" of the "two systems and one system" for the classification, utilization, and management of construction waste by local people's governments and competent departments at or above the county level.

　　The new solid waste law requires that local governments at or above the county level should strengthen the prevention and control of environmental pollution caused by construction waste, and establish a system for classifying and treating construction waste; A plan for the prevention and control of environmental pollution caused by construction waste should be formulated, including source reduction, classified treatment, disposal facilities and site layout and construction. The state encourages the adoption of advanced technologies, processes, equipment, and management measures to promote the reduction of construction waste at the source, establish a construction waste recycling system, and local governments at or above the county level should promote the application of comprehensive utilization products for construction waste; The environmental health department of the local people's government at or above the county level is responsible for the prevention and control of environmental pollution caused by construction waste, establishing a comprehensive management system for the entire process of construction waste, regulating the generation, collection, storage, transportation, utilization, and disposal of construction waste, promoting comprehensive utilization, strengthening the construction of construction waste disposal facilities and venues, ensuring disposal safety, and preventing environmental pollution.

　　In summary, starting from the implementation of the new solid waste law, local governments at or above the county level should establish two systems for the classification, utilization, and management of construction waste, namely the "government version" "construction waste classification and treatment system" and the "construction waste full process management system", as well as a "construction waste recycling and utilization system". The government is the first subject of environmental responsibility and will enforce the classification, utilization, and full process management of construction waste in accordance with the law.

　　Thirdly, the new solid waste law has put forward a new requirement for construction units to "prepare and file a construction waste disposal plan" from a legal perspective.

　　The new solid waste law requires construction units to prepare a construction waste disposal plan, take pollution prevention and control measures, and report to the environmental health department of the local people's government at or above the county level for filing; Solid waste such as construction waste generated during the construction process should be promptly cleared and disposed of in accordance with the regulations of the environmental sanitation department; Construction units shall not dump, scatter or pile up construction waste generated during the construction process without authorization.

　　In summary, starting from the implementation of the new solid waste law, construction units will be required by law to "prepare and file a construction waste treatment plan" in accordance with the construction waste management system and system of the government at or above the county level. This will inevitably force construction units to establish two systems, namely the "construction waste classification and treatment system" and the "construction waste full process management system", as well as a "construction waste recycling and utilization process" corresponding to the "construction site version" classification, utilization, and management.

　　02

　　The planning, reduction, and enforcement of 'construction waste' will have new impacts

　　There has been no special planning for the construction land of facilities such as construction waste transportation and centralized disposal in China, which has made it difficult for such projects to be implemented; China used to be in the peak period of construction, and engineering construction units have always focused on construction progress and quality, basically ignoring the reduction of construction waste at the source of the construction site, resulting in a large amount of construction waste being transported to the outskirts for landfill, causing a "garbage siege"; At the same time, governments at all levels and construction units do not attach enough importance to the pollution prevention and control of construction waste. The new solid waste law, with its detailed and strict legal provisions, will have positive new impacts in the following three aspects.

　　One is that it will have a positive new impact on promoting "construction waste planning" and solving the "bottleneck of construction waste facility construction land".

　　The new Solid Waste Law requires that relevant departments of the State Council, local people's governments at or above the county level, and their relevant departments should coordinate the construction needs of facilities for the transportation and centralized disposal of solid waste such as household waste, construction waste, and hazardous waste when formulating national spatial planning and related special planning, and ensure the use of land for transportation and centralized disposal facilities. This will solve the bottleneck problem of land use for the construction of construction waste facilities from the top-level design level.

　　Secondly, it will have a positive new impact on promoting the reduction of construction waste and solving the problem of building waste siege.

　　In order to implement the spirit of the new solid waste law, the Ministry of Housing and Urban Rural Development issued the "Guiding Opinions on Promoting the Reduction of Construction Waste" on May 8, 2020, which put forward specific "quantitative" requirements for the emission control limits of construction waste after "recycling and utilization" at construction sites. By the end of 2020, the preliminary mechanism for reducing construction waste in various regions had been established. By the end of 2025, the mechanism for reducing construction waste in various regions will be further improved, and the emission of construction waste (excluding engineering slag and mud) from new construction sites will not exceed 300 tons per 10000 square meters, and the emission of construction waste (excluding engineering slag and mud) from prefabricated construction sites will not exceed 200 tons per 10000 square meters.

　　This goal is proposed based on full consideration of the actual situation and future development expectations of engineering construction in China. According to authoritative institutions, the current unit area of construction waste (excluding engineering slag and mud) discharged from new construction projects in China is about 500-600 tons/10000 square meters. After adopting a series of technical and management measures, the corresponding construction waste discharge control targets can be achieved.

　　The Opinion clarifies the overall requirements, main goals, and specific measures for reducing construction waste, which will promote the source reduction of construction waste and promote green development of urban and rural construction in the current and future periods.

　　Thirdly, it will have a positive impact on promoting strict law enforcement in the prevention and control of construction waste pollution.

　　The new Solid Waste Law stipulates that for construction units that violate the provisions of this law by failing to prepare a construction waste disposal plan for filing, or failing to timely clear solid waste generated during the construction process; Those who dump, scatter or pile up construction waste generated during the construction process without authorization, or fail to utilize or dispose of solid waste generated during the construction process in accordance with regulations, shall be fined not less than 100000 yuan but not more than 1 million yuan. The magnitude of the fine is unprecedented and will effectively promote the pollution prevention and control of construction waste.

　　03

　　Ultimately achieving the goals of reduction, resource utilization, and harmlessness

　　According to relevant departments' calculations, as of 2020, the total amount of construction waste storage has reached about 20 billion tons, with an annual increase of about 3.5 billion tons, accounting for about 40% of the total amount of urban solid waste. It is the largest and most concentrated solid waste discharge of a single type in Chinese cities.

　　At present, construction waste in China is mainly processed through methods such as transportation, landfilling, and open-air stacking. This not only occupies a large amount of land resources, but also produces harmful components and gases, causing pollution of groundwater, soil, and air, endangering the ecological environment and people's health. There are also serious safety hazards, such as the "Guangming Landslide Incident" in Shenzhen on December 20, 2015, which resulted in 74 deaths.

　　The new solid waste law will elevate the management of environmental pollution prevention and safety hazards prevention and control of construction waste to a new level, which will promote the gradual establishment of the system and framework for "classification, recycling, and full process management of construction waste" in China, achieve the transition of construction waste from the original uncontrollable management to "classification, recycling, and full process controllable management of construction waste", and ultimately achieve the goals of reduction, resource utilization, and harmlessness. It will establish a sound mechanism for reducing construction waste, promote the transformation of the production organization mode of engineering construction, prevent and reduce the generation of construction waste from the source, effectively reduce the discharge of construction waste throughout the entire life cycle of engineering construction, and continuously promote the sustainable development of engineering construction and the improvement of urban and rural living environment.