Measures of Jilin Province on Promoting theDevelopment of
Bulk Cement, Ready-MixedConcrete and Ready-Mixed Mortar
(Discussed and adopted at the 3th Standing Meeting of Jilin Provincial Government in 2010; revised in accordance with the Decision of the People's Government of Jilin Province on Abolishing and Amending Some Regulations adopted at the 16th Standing Meeting of Jilin Provincial Government on September 4th, 2018.)
Article 1. These Measures are formulated for the purposes of promoting the development of bulk cement, ready-mixed concrete, and ready-mixed mortar, improving comprehensive economic and social benefits, conserve resources, protecting and improving the environment, in accordance with the Circular Economy Promotion Law of the People's Republic of China, Cleaner Production Promotion Law of the People's Republic of China, Regulations of Jilin Province on the Administration of the Construction Market, other laws, regulations and relevant provisions of the State, and in the light of actual circumstances of this Province.
Article 2. These Measures shall apply to the production, operation, transportation, and use of cement, ready-mixed concrete and ready-mixed mortar, as well as the related supervisory and administrative activities within the administrative area of this Province.
Article 3. The term "bulk cement" in these Measures refers to cement that is manufactured, transported and used directly through special equipment without packaging.
The term "ready-mixed concrete" and "ready-mixed mortar" in these Measures refers to the concrete and motor mixtures that are mixed with cement, aggregate, water as well as admixture and additives as needed, in a certain proportion, by centralized metering and mixing, and will be transported and used through special equipment.
Article 4. The administrative departments of housing and urban/rural construction of the people's governments at the county level and upwards (including the departments determined by the people's governments at the city and county levels, hereinafter referred to as the administrative departments of bulk cement) shall be responsible for supervision and administration over bulk cement, ready-mixed concrete and ready-mixed mortar in their respective administrative areas.
The administrative departments of bulk cement may entrust its subordinate bulk cement management agencies to be responsible for the specific administrative work regarding bulk cement, ready-mixed concrete and ready-mixed mortar in the Province and cities (prefectures).
Other departments of the people's governments at the county level and upwards related to the administration on bulk cement, ready-mixed concrete and ready-mixed mortar shall, within the scope of their duties, perform the supervision and administration in accordance with the law.
Article 5. Appropriate form of incentive shall be given to units and individuals with outstanding achievements in promoting the development of bulk cement and ready-mixed concrete, ready-mixed mortar.
Article 6. The special plan for the development of bulk cement, ready-mixed concrete and ready-mixed mortar drawn up by the provincial bulk cement administrative agency shall be, upon the approval of the provincial housing and urban/rural construction administrative departments in consultation with the relevant departments, incorporated in the national economic and social development plan of the Province, and shall be carried out after approval by the provincial people's government.
Article 7. The administrative departments of bulk cement of cities (prefectures) shall, in accordance with the special plan for the development of bulk cement, ready-mixed concrete and ready-mixed mortar in the whole Province, draw up plans for the distribution of ready- mixed concrete and ready-mixed mortar mixing stations, so as to guide its healthy and orderly development.
Article 8. The construction, expansion and reconstruction of cement, ready-mixed concrete, and ready-mixed mortar production projects shall be carried out in accordance with the requirements of the special planning for the development of bulk cement, ready-mixed concrete and ready-mixed mortar and the distribution plan of mixing stations.
Article 9. For newly built, expanded or reconstructed cement production enterprises (including grinding stations, the same below), the distribution capacity of bulk cement shall be designed and simultaneously constructed in accordance with the standards established by the State and Province.
If the distribution capacity of bulk cement in an existing cement production enterprise fails to meet the national and provincial standards, it shall meet the standard within the time limit set by the administrative departments of provincial bulk cement.
Article 10. The research, development and application are supported to use bulk cement, ready-mixed concrete and ready-mixed mortar as well as related new technologies, new equipment, and new products.
Article 11. The use of non-toxic and harmless industrial wastes shall be encouraged and supported as admixtures for the production of bulk cement, ready-mixed concrete and ready-mixed mortar. If the proportion reaches the national standard, the preferential policies of the State and the Province may be enjoyed.
Article 12. The units and individuals for the production, operation, transportation and use of cement, ready-mixed concrete and ready-mixed mortar shall, in accordance with law, submit statistical statements and other relevant information to the bulk cement administrative institutions.
Bulk cement administrative agencies shall keep trade secrets for units or individuals who submit statistical statements and other relevant information.
Article 13. The ready-mixed concrete, ready-mixed mortar and cement production enterprises shall not use bagged cement.
Article 14. As for construction projects in urban areas, bulk cement and ready-mixed concrete shall be used; mixing concrete at the construction site shall be prohibited, unless otherwise provided in these Measures.
At construction site in the urban area of city with districts, county (city) area, mixing mortar on site shall be banned in batches and by stages.
The specific batches and time limits for the prohibition of on-site mortar mixing shall be determined by the provincial administrative authorities for housing and urban/rural construction.
Article 15. Bulk cement and ready-mixed concrete shall be used in construction projects with the conditions for transportation, energy and water conservancy outside urban areas.
Article 16. If the total amount of cement used is not more than 30 tons or special types of cement must be used in engineering construction projects, bulk cement may not be used. However, it shall file with the bulk cement management agency where the project is located.
Article 17. As for any of the following circumstances, the concrete or mortar may be mixed at the site:
(1) The aggregate amount of concrete or mortar used is less than 150 cubic meters;
(2) The special concrete or special mortar required for the construction project cannot be produced by local ready-mixed concrete or ready-mixed mortar production enterprises;
(3) No ready-mixed concrete or ready-mixed mortar supply is available within 30 kilometers of the construction site;
(4) It is really necessary to mix at the construction site for emergency relief, repair and other reasons.
As for the reason of (1), (2), (3), mixing concrete or mortar in the construction site shall be filed with the administrative departments of bulk cement or the management agency of bulk cement where the project is located.
Article 18. The establishment of sales outlets for bulk cement and mixing stations for ready- mixed concrete and ready-mixed mortar shall be encouraged in rural areas. The rural residents shall be encouraged to use bulk cement, ready-mixed concrete and ready-mixed mortar.
Article 19. The development, design and construction units shall, in the preparation of the project estimate(budget) and the final accounts, follow the requirements prescribed for the use of bulk cement, ready-mixed concrete and ready-mixed mortar. The development unit shall incorporate the requirements for the use of bulk cement, ready-mixed concrete and ready-mixed mortar in bidding documents for construction projects in which bidding is carried out.
Article 20. In the course of project construction supervision, the construction supervision unit shall stop the activity that fails to use of bulk cement, ready-mixed concrete and ready-mixed mortar as required, and report to the administrative departments of bulk cement where the project is located.
Article 21. The engineering cost management agency shall formulate and adjust the engineering quota for ready-mixed concrete and ready-mixed mortar in a timely manner.
Article 22. The special transport vehicles for bulk cement, ready-mixed concrete and ready- mixed mortar shall, in addition to the relevant formalities prescribed by the State, be filed with the local bulk cement management agency before use.
Article 23. The public security and traffic management departments shall arrange reasonable routes for transport vehicles of bulk cement, ready-mixed concrete and ready-mixed mortar as needed by the engineering construction. If vehicle passage formalities are necessary, it shall be handled in a timely manner to provide convenience for transport.
Article 24. When carrying out supervision and inspection in accordance with law, the administrative departments of bulk cement or the management agency of bulk cement shall have the right to request the inspected entity to provide relevant documents and materials; and access to the production, operation, transportation, construction, storage site of the inspected unit for inspection.
Article 25. Where anyone, in violation of the provisions of Article 12, paragraph 1 of these Measures, misrepresents, conceals, falsifies, refuses to report or repeatedly delays in reporting statistical statements and other relevant information shall be punished in accordance with the relevant laws and regulations.
Article 26. Where a ready-mixed concrete, ready-mixed mortar or cement products production enterprise, in violation of the provisions of Article 13 of these Measures, uses bagged cement, it shall be instructed to make corrections within a time limit, and shall be punished with RMB 300 per ton of bagged cement or RMB 100 per cubic meter of concrete/mortar, with the total amount of fine not over RMB 30,000.
Article 27. Where anyone, in violation of Article 14 and Article 17 of these Measures, mixes concrete at the construction site in a construction project, it shall be instructed to make corrections within a time limit, and, in accordance with the provisions of Regulations of Jilin Province on the Administration of Construction Market, the construction enterprise shall be punished with RMB 100 per cubic meter of concrete mixed at the site, with the total amount of fine up to RMB 50,000; If bagged cement is used or mortar is mixed at the construction site of a construction project, it shall be instructed to make corrections within a time limit, and the construction enterprise shall be punished with RMB 300 per ton of bagged cement or RMB 100 per cubic meter of mortar mixed at site, with the total amount of fine not over RMB 30,000.
If the development unit does not make provisions on the use of bulk cement, ready-mixed concrete and ready-mixed mortar in the preparation of the project estimate (budget), bidding documents and the contract for the project, the development unit shall bear the corresponding responsibility specified in the preceding paragraphs.
Article 28. If the functionaries of the administrative departments of bulk cement, the management agency of bulk cement and the relevant departments abuse their power, neglect their duties or engage in malpractices for personal gain, the persons directly responsible and the persons in charge shall be dealt with by the relevant departments in accordance with the law; where a crime is constituted, the criminal responsibility shall be investigated in accordance with law.
Article 29. The administrative penalties provided for in these Measures shall be determined by the administrative departments of bulk cement.
Article 30. These Measures shall become into effective as of the date of September 1st, 2010.