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INTERIM PROVISIONS FOR THE ADMINISTRATION OF THE ENVIRONMENT IN THE ECONOMIC ZONES OPEN TO THE OUTSIDE WORLD

    Article 1  These Provisions are formulated for the purpose of
strengthening the administration of the environment in the economic zones open
to the outside world, preventing and remedying environmental pollution and the
disruption of ecological balance, safeguarding human health and protecting and
creating good investment environment so as to promote economic and social
development.

    Article 2  The term "economic zones open to the outside world" as used in
these Provisions refers to the special economic zones, the open coastal cities
and the coastal economic development areas approved by the State.

    All units and individuals that are engaged in production and business
activities in the economic zones open to the outside world shall abide by
these Provisions.

    Article 3  People's governments at various levels in the economic zones
open to the outside world shall adhere to the principles of "having prevention
as the main concern and combining prevention with remedying" and strengthen
the work for the comprehensive improvement of the environment. They shall
incorporate environmental protection into the economic and social development
plans of their own localities and specify the targets, tasks and measures with
respect to environmental protection and organize the implementation thereof.

    Article 4  It shall be imperative to evaluate the impact on the
environment, carry out overall planning and ensure rational distribution, if
construction of new areas is to be undertaken in the economic zones open to
the outside world. All departments concerned shall carry out the construction
in strict accordance with the requirements in respect of planning and
distribution.

    The existing irrational distribution of the economic zones open to the
outside world shall be rectified gradually in conjunction with urban reform
and industrial readjustment. In residential areas, water-resource reserves,
health resorts, nature reserves, tourist resorts, scenic spots and places of
historic interest, and other areas which need special protection, no projects
that may cause environmental pollution may be constructed and a deadline
shall be set for any such projects that have been completed to be improved,
readjusted, or removed.

    Article 5  With respect to projects that are not covered by the State
provisions concerning the standards of environmental quality, the people's
governments of the provinces, autonomous regions and municipalities directly
under the Central Government having jurisdiction over the economic zones open
to the outside world may formulate their own local supplementary standards. If
the implementation of the State standards concerning the discharge of
pollutants fails to satisfy the requirements for environmental quality of
their own localities, they may formulate their own local standards concerning
the discharge of pollutants which are stricter than the State standards
concerning the discharge of pollutants and submit them to the State
departments for environmental protection for the record.

    The local standards concerning the discharge of pollutants formulated in
accordance with the provisions of the preceding paragraph shall be implemented
by the enterprises and institutions in the localities.

    Article 6  Technology and equipment introduced from abroad into the
economic zones open to the outside world shall conform to the requirement that
they shall cause no pollution or little pollution. If the technology or
equipment to be introduced from abroad will cause pollution and no means is
yet available at home to tackle it, the corresponding environmental protection
facilities shall be introduced simultaneously. With respect to all
newly-constructed projects, alteration projects or expansion projects, it
shall be imperative to ensure that both the supporting facilities for
preventing and remedying environmental pollution and the principal part of the
project are put into operation simultaneously.

    Article 7  When entering into an economic contract, all units and
individuals in the economic zones open to the outside world shall specify the
obligations and responsibilities of each of the parties thereto in respect of
environmental protection and ensure that measures for preventing and remedying
environmental pollution are duly stipulated. The contract may not contain
anything that runs counter to the laws and regulations of the State or of the
locality for environmental protection.

    Article 8  Units that intend to engage in developmental construction in
the economic zones open to the outside world shall, in accordance with the
pertinent provisions of the State, submit an environmental impact
report/form(s) and a text on environmental protection in the preliminary
design of a construction project and shall, upon completion of the project,
submit a report on inspecting and accepting the completed environmental
protection facilities.

    The department for environmental protection shall, within 45 days of
receipt of the environmental impact report/form(s) or within 30 days of
receipt of the text on environmental protection in the preliminary design of a
construction project and the report on inspecting and accepting the completed
environmental protection facilities, give an official written reply to the
unit that has submitted the above-mentioned documents. If no such reply is
given within the prescribed period of time, the documents submitted shall
automatically become effective.

    Article 9  Enterprises and institutions in the economic zones open to the
outside world that have to discharge pollutants shall apply to the departments
for environmental protection under the local people's governments for
permission to discharge pollutants and fill in forms to report truthfully on
the pollutant discharging and treating facilities that they possess and the
kind(s) of pollutants to be discharged, the mode(s) of discharging, and the
quantity and density of the pollutants under normal operational conditions.
Their production or business operations shall begin only after the application
has been verified and approved and the document for the registration of
pollutant discharge has been obtained. If changes have taken place in the
discharge of pollutants, these shall be reported in good time to the
departments for environmental protection under the local people's governments.

    Those that discharge pollutants in excess of the State or local standards
shall pay an excess pollutant discharge fee in accordance with the pertinent
provisions of the State; those that discharge pollutants into water shall pay
a pollutant discharge fee in accordance with the pertinent provisions of the
State.

    Article 10  The departments for environmental protection under the
people's governments at various levels in the economic zones open to the
outside world shall be responsible for organizing, co-ordinating, supervising
and inspecting the work of environmental protection in their own localities.
The units that are subjected to supervision and inspection shall provide the
actual relevant information and data.

    The departments for environmental protection shall undertake the
obligation and responsibility to maintain the confidentiality of the
information and data provided by the units that are subjected to supervision
and inspection.

    Article 11  The departments for environmental protection under the
people's governments at various levels in the economic zones open to the
outside world or other competent departments may order those units that have
violated these Provisions and caused pollution damage to remedy the situation
within a prescribed period of time, pay the expenses for eliminating the
pollution and compensate for the losses thus incurred and may also give them a
warning or impose a fine on them.

    Any party concerned that does not accept the penalties may file a suit
with a people's court within 15 days of receipt of the written decision
concerning the penalties. If no suit is filed and yet the decision is not
carried out within the prescribed period of time, the departments for
environmental protection or other competent departments may apply to the
people's court for the compulsory enforcement of the decision.

    Article 12  The people's governments of the provinces, autonomous regions
and municipalities where the economic zones open to the outside world are
located may formulate measures for the implementation of these Provisions in
accordance therewith.

    Article 13  These Provisions shall go into effect on the date of
promulgation.