Not long ago, news that Zhengzhou Ecological Park was being encroached upon by construction waste drew widespread attention from all sectors of society. According to reports, late at night in the Mangshan Ecological Park in Zhengzhou, Henan Province, numerous dump trucks loaded with construction waste would frantically dump their loads into a mountain gully within the park. A gully covering an area of 100 mu and tens of meters deep was filled in within less than a month, leaving trees buried under layers of waste and facing utter destruction.

In fact, the phenomenon of casually dumping construction waste is not an isolated case elsewhere either. Some experts believe that to address the issue of construction waste disposal, it’s not enough simply to find effective methods for handling construction waste—such as turning it into valuable resources. More importantly, we need to bring the resource utilization of construction waste under a legal framework, addressing at the top-level design the systemic problems of this industry—namely, the lack of clear legal guidelines, lax enforcement, and inadequate oversight.

The “garbage siege” phenomenon is severe.

As China’s economy and society continue to develop, the process of new-type urbanization keeps advancing. In the course of urban expansion, large amounts of construction waste are generated due to demolition, new construction, renovation, and other related activities.

According to statistics, every 1 During the construction of a building covering 10,000 square meters, construction waste will be generated. 500~600 ton, while dismantling 1 A 10,000-square-meter old building will generate... 7000 ton ~1.2 Ten thousand tons of construction waste. In China, the volume of construction waste already accounts for a significant portion of the total urban waste. 30% The above is just the beginning. Moreover, according to conservative estimates, over the next decade, our country will generate an average of... per year. 15 Over 100 million tons of construction waste. It is expected that by... 2020 In the year, construction waste will reach 26 100 million tons, 2030 The annual update will reach 73 100 million tons.

The volume of construction waste is staggering, yet the primary methods for its disposal remain stockpiling and landfilling. However, prolonged stockpiling and landfilling allow harmful substances in construction waste to leach into the soil via leachate, causing severe contamination. Construction waste piled in the open, under the influence of high temperatures and sunlight, undergoes decomposition, releasing dust and harmful gases that pollute the air as well.

Studies show that the portion of construction waste generated annually in China that is openly dumped requires significant land occupation. 1.5 With hundreds of millions of square meters of land already occupied, the landfill disposal method also consumes considerable land resources—not only vast tracts of land but even arable farmland—and is detrimental to the city’s green and sustainable development.

However, surveys show that currently, China’s construction waste industry still relies on traditional methods for handling construction waste—namely, on-site mobile equipment disposal and landfilling—and the overall resource utilization rate remains insufficient. 5% Moreover, the portion that has not been recycled has also led to secondary pollution. The heartbreaking “Shenzhen Landslide Accident” was caused precisely by the improper disposal of construction waste.

The “resource-based disposal” of construction waste is imperative.

Random landfilling of construction waste can contaminate soil, surface water, and groundwater. Ocean landfilling pollutes coastal waters, and the residual calorific value from the waste can cause local ocean temperatures to rise, thereby damaging nearshore aquaculture. Moreover, when construction waste is mixed with domestic waste, its rigidity and inertness can damage the sorting equipment at the front end of domestic waste treatment, occupy processing equipment space, and consume energy. This also creates difficulties for the resourceful reuse of end-of-life products by returning them to the soil, necessitating an additional re-sorting step at the end of the process and driving up costs. Therefore, it is essential to adopt a resource-based approach that transforms “waste” into “resource,” turning trash into treasure.

In the construction of sponge cities, recycled products from construction waste also play a significant role. Some of these recycled products even outperform their natural counterparts in terms of performance.

Taking aggregates as an example, the report indicates that some natural aggregates have lower water absorption rates than recycled aggregates. The water retention coefficient of recycled aggregates derived from construction waste is more than twice that of natural aggregates. We can fully leverage this advantage of recycled aggregates by using construction waste to produce water-retention materials for sponge cities, thereby alleviating pressure on urban drainage systems and reducing urban flooding.

China's resource utilization of construction waste lacks legal regulation.

Currently, China’s legislation on construction waste management mainly includes the “Regulations on Urban Appearance and Environmental Sanitation Management.” (1992 Year ) The Clean Production Promotion Law (2002 Year ) The Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste (2004 Annual revision ) Regulations on the Management of Urban Construction Waste (2005 Year ) as well as certain local legislation. In addition, laws and regulations such as the “Law on Promoting the Circular Economy” and the “Regulations on the Collection and Use of Wastewater Discharge Fees” also address the management of construction waste.

However, at present, China’s legislation related to the resource utilization of construction waste is still in its early stages. Although it has initially reflected the concept of a circular economy, there are still issues in its legal regulation, such as relatively lagging legislative thinking and an incomplete legislative framework. Moreover, during the implementation of these laws, problems persist, including uncoordinated regulatory mechanisms, imperfect management systems, unreasonable accountability frameworks, inadequate incentive mechanisms, and insufficient participation mechanisms.

In terms of legislative philosophy, currently, China’s legislation on construction waste primarily focuses on “preventing environmental pollution” and “ensuring urban appearance and sanitation,” while paying insufficient attention to the recycling and reuse of construction waste. For example, the “Regulations on the Management of Urban Construction Waste,” though a specialized regulation concerning construction waste, sets “ensuring urban appearance and sanitation” as its primary legislative objective.

In terms of the legislative framework, a comprehensive and specialized legal and regulatory system for the disposal of construction waste has yet to be established. At different levels, legislation on the resource utilization of construction waste varies in scope, encompassing national laws, administrative regulations, and departmental rules. The "Regulations on the Management of Urban Construction Waste" is currently the only specific piece of legislation in China dedicated to construction waste; however, these regulations are merely departmental rules, placing them somewhat lower in the hierarchy of legal authority.

In terms of specific management systems, there still exist issues such as unclear division of powers and responsibilities among regulatory authorities and imperfect management systems. For example, currently, the departments in China involved in the management of construction waste mainly include the housing and urban-rural development authority, the urban management authority, the environmental protection authority, and the public security traffic authority. However, due to the large number of involved departments and the lack of clear delineation of responsibilities, there are "blind spots in management and a lack of coherence in functional roles." Looking at China's existing legal framework for the resource utilization of construction waste, it primarily comprises the extended producer responsibility system for resource utilization of construction waste, management systems, public participation mechanisms, and incentive systems. Yet in practice, owing to the absence of detailed implementation rules and standards that complement the legal framework for the resource utilization of construction waste, the path toward the resourceful utilization of construction waste remains fraught with challenges.

Compared with developed countries, China still has considerable gaps in its legislation on construction waste—whether at the national or local level. In developed countries, legislation on the resource utilization of construction waste explicitly establishes sustainable development as the guiding principle for environmental protection legislation. Moreover, the legislative framework for the resource utilization of construction waste is clearly structured and rigorously organized, forming a relatively comprehensive legal system. Take Japan as an example: Japan has established a well-rounded circular economy legislative system consisting of the "Basic Environmental Law" as its foundation, the "Basic Act on Promoting the Establishment of a Circular Society" as its overarching law, and specific laws such as the "Act on the Classification, Collection, and Recycling of Containers and Packaging Materials." This legislative system is further supported by concrete legal mechanisms designed to effectively implement the principles of the circular economy.

Legalization is the fundamental approach to solving the challenges in handling construction waste.

At the current stage, China’s approach to handling construction waste is quite simplistic. 95% Construction waste on the left and right is disposed of by landfill and stockpiling—only... 5% After simple processing—such as crushing—the majority of these materials are either made into recycled bricks or used as filler material for paving. Currently, some enterprises in China have already developed technologies that enable the resource utilization of construction waste at a high rate. 100% The technology itself is not a limiting factor in the resource utilization of construction waste.

Although various ministries and commissions have introduced policies related to the disposal and utilization of construction waste, current laws still focus primarily on the environmental pollution caused by construction waste and its impact on urban appearance. To achieve the resource recovery of construction waste, close collaboration among multiple sectors—including construction contractors, the building materials industry, environmental protection authorities, and regulatory bodies overseeing the discharge of construction waste—is essential. However, since China’s relevant legal and regulatory framework has yet to be fully established, the path toward the proper disposal and resource recovery of construction waste remains long and arduous.

Currently, the difficulty in advancing the resource utilization of construction waste stems from legal and institutional constraints. Incorporating the resource utilization of construction waste into a legalized framework will effectively enhance its resource utilization level.

Law is a set of behavioral norms formulated or recognized by the state and enforced by the state’s coercive power. Legal regulation can provide a solid guarantee for the resource utilization of construction waste.

Only by incorporating the resource utilization of construction waste into a legalized framework and establishing a comprehensive, systematic, balanced, and clearly defined legal regulatory system can we truly turn construction waste into valuable resources, elevate the level of construction waste resource utilization, and promote the development of a circular economy.

Expert Opinion:

Zhu Zhuanxing, a member of the National Committee of the Chinese People's Political Consultative Conference, is a legal professional. Drawing on his expertise, he has put forward proposals to promote the advancement of the construction waste resource utilization industry.

“I think the state should introduce relevant laws and regulations governing the disposal and utilization of construction waste,” said Zhu Zhuanxing. “The legislation should clearly define the government’s corresponding responsibilities in the disposal of construction waste. Specifically, the provisions should also stipulate that construction waste must be disposed of through resource recovery methods—but under government oversight and with enterprises taking the lead in operations. At the same time, the government should provide appropriate support and subsidies to resource-recovery enterprises and offer certain preferential policies in areas such as investment.”

“More importantly, penalty provisions must be clearly stipulated in laws and regulations. Units and individuals that fail to comply with the relevant laws and regulations shall be penalized according to the applicable rules. Let us leverage the power of law to promote the development of the construction waste resource utilization industry.”