|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| Category | ENVIRONMENTAL PROTECTION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1991-05-24 | Effective Date | 1991-07-01 |
|
Rules for Implementation of the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution |
|---|
Article 1 These Rules for Implementation are formulated in accordance
with the provisions of Article 40 of the Law of the People's Republic of
China on the Prevention and Control of Atmospheric Pollution.
Article 2 The local people's governments at various levels shall be
responsible for the quality of the atmospheric environment within their
administrative areas and take the measures to prevent and control the
atmospheric pollution, and to protect and improve the atmospheric environment.
Article 3 The economic construction departments of the people's
governments at various levels shall, according to the atmospheric environment
protection requirements by the people's government at the same level,
incorporate the protection of the atmospheric environment into the production
and construction plans of their own departments and organize to implement it.
Article 4 Enterprises that discharge atmospheric pollutants must
incorporate the protection of the atmospheric environment into the production
and construction plans and the technology innovation plans of their own
enterprises. The competent authority for enterprises shall strengthen the
supervision and administration on the protection of the atmospheric
environment of the enterprises.
Article 5 The capital, material and equipment for the protection of the Article 6 Before a construction project that discharge atmospheric (1) the processing result of the facility for the prevention and control (2) the managerial regulations and rules for the facility for the (3) the concerning technical information for the facility for the Only when the facilities for the prevention and control of atmospheric Article 7 The units that discharge atmospheric pollutants shall, with Article 8 The units that discharge atmospheric pollutants must, in Article 9 If the pollutant treatment facilities are to be dismantled or Article 10 The units that are ordered to eliminate or control the The environment protection department shall inspect the situation of Article 11 The units that cause an accident of atmospheric pollution Article 12 The personnel for supervision and administration from the The certificate of inspection hold by the personnel for supervision and Article 13 When conducting an on-the-spot inspection the environment (1) the situation of pollutants discharging; (2) the operation, function and management situation of the discharge and (3) the types, norms and calibration situation of the monitoring (4) the monitoring analysis method taken and monitoring record; (5) the enforcement situation of elimination or control by a deadline; (6) the information of the accidents and the concerning record; (7) the information of production technology and use of raw material (8) other information and situation concerning the prevention and control Article 14 The competent department concerned under the State Council Before the design of a new boiler production is finalized, the The boiler manufacture factories must mark the concentrations of boiler Any boiler dissatisfied with the concentrations of boiler soot discharged Article 15 Before put into operation or use the newly-built industrial Article 16 When an industry district or residence area is newly built in Article 17 The relevant departments under the State Council and the local Article 18 Any project that discharges toxic waste gas or dust shall not Article 19 The inflammable gas engendered during industrial production Article 20 The burning of asphalt, asphalt felt, rubber, plastics, When a fixed smelting furnace is to be used in a building construction of Article 21 In the transportation, loading and unloading, and storage of Article 22 Motorized vehicles and vessels shall not be permitted to Article 23 The environment protection department of the people's The administrative departments of public security, transportation, Article 24 The administrative departments for manufacture and maintenance Automobiles that discharge pollutants in excess of the national discharge Article 25 A fine, which shall be imposed of according to the provisions (1) those who refuse to report or submit a false report on items for which (2) those who dismantle or leave idle the installations for the prevention (3) those who refuse an on-the-spot inspection by the competent (4) those who without authorization burn asphalt, asphalt felt, rubber, (5) those who fail to pay the fee for excessive discharge of pollutants Article 26 A fine, which shall be imposed of according to the provisions (1) When a construction project is put into operation or used in (2) When a construction project is put into operation or used in Article 27 According to the provisions of paragraph 1 in Article 33 of Article 28 A fine, which shall be imposed of according to the provisions (1) those enterprises or institutions which cause an atmospheric pollution (2) those which cause a substantial economic loss shall be fined on the Article 29 The environment protection department of the people's The environment protection department of the people's government of The environment protection department of the people's government of All the fine amount shall be handed over to the state treasury, and no Article 30 The units or individuals that pay the fee for excessive Article 31 The relevant departments under the State Council and the Article 32 The environment protection department under the State Council Article 33 These Rules shall be implemented as of the date of July 1,
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
atmospheric environment in a construction project shall be arranged together
with the master engineering on the basis of over-all view.
Chapter II Supervision and Management of the Prevention and Control of
Atmospheric Pollution
pollutants is put into operation or used, its facility for the prevention and
control of atmospheric pollution shall, through the inspection and
examination by the environment protection departments that examine and
approve the environmental impact statement of the said project, be satisfied
with the following requirements:
of atmospheric pollution has reached the designed standard;
prevention and control of atmospheric pollution are sound;
prevention and control of atmospheric pollution is complete.
pollution are qualified through check and acceptance, the construction
project may be put into operation and used.
regard to the facility for the prevention and control of atmospheric
pollution, strengthen the management, periodically inspect or renew the
facility and assure the normal functioning of the facility.
accordance with the provisions, submit the registration form for discharging
pollutants report to the local environment protection department. After the
registration of report, if the categories, quantities and concentrations of
pollutants discharged are needed to be substantially changed, a new
registration form for discharging pollutants report shall be submitted 15 days
before the change; for those sudden substantial changes, a new registration
form for discharging pollutants report must be submitted within 3 days after
the change.
left idle, a report must be submitted to the local environment protection
department to explain the reason. The environment protection department shall,
after receipt of the report, give an official reply within 1 month. It shall
be deemed as agreed if an official reply is not given by the end of the
period.
pollution by a deadline shall report periodically to the environment
protection department about the process of elimination or control.
elimination or control of the units that are ordered to eliminate or control
the pollution by a deadline and check and accept the project on which the
elimination or control is completed, and report the check and acceptance
results to the people's government at the same level.
must, within 48 hours after the accident is taken place, give an initial
report to the local environment protection department on the situation such
as the time, place and type of the accident taken place, the quantities of
the pollutant discharged, economic loss and people's injury. After the
accident is checked up a detailed written report shall be given on the
situation such as the reason, process and damage of the accident, measures
taken, settlement decision, questions left over and measures of prevention,
and together with the concerning documents for evidence.
environment protection department and other supervision and administration
departments shall, while conducting an on-the-spot inspection on the units
that discharge pollutants within their administrative area, present their
certificates of inspection or be dressed with the signs.
administration from the environment protection department shall be issued by
the environment protection department of the people's government at or above
the level of the municipality directly under the province government.
protection department and other supervision and administration departments
may require the inspected units to provide the following information and
material:
treatment facilities;
instrument and equipment;
concerning the pollution;
of atmospheric pollution.
Chapter III Prevention and Control of Soot Pollution
shall, pursuant to the standards for boiler soot discharge prescribed by the
state, stipulate the concentrations of boiler soot discharged initially and
the standards for blackness of mist in the boiler quality standard.
concentrations of boiler soot discharged initially, the standards for
blackness of mist and their testing data material shall be submitted to the
environment protection department of the people's government at or above the
level of the municipality directly under the province government for a record.
soot discharged initially and the standards for blackness of mist on the
nameplates or directions of the boiler products.
initially and the standards for blackness of mist described in paragraph 1 of
this Article shall not be manufactured, sold or imported.
kilns and newly-installed boilers shall be checked and accepted by the
environment protection department according to the described procedures; if
the standard for discharging atmospheric pollutants is not met, they shall
not be put into operation or used.
the city or an outdated city area is transformed in batches, the heating and
electricity shall be supplied jointly; if the requirement of joint supply of
heating and electricity is not met, the central heating shall be supplied;
the facilities of joint supply of heating and electricity and supply of
central heating shall be designed, built or delivered to use together with
the construction project.
people's governments at various levels shall adopt measures to popularize
shaped coal and the technology of combustion with low pollution, and to limit
the combustion of bulk coal gradually. The fuel supplying department shall
supply the coal with low pollution for civil use in priority.
Chapter IV Prevention and Control of Pollution by Waste Gas, Dust and
Malodorous Substances
be newly built in the residence area. The built project in operation or use
that exceeds the discharging standards shall undergo the purification
treatment; an enterprise or institution that causes serious atmospheric
pollution shall be ordered to eliminate or control the pollution by a deadline
by the people's government according to its jurisdiction.
such as the coking furnace gas, blast furnace gas, mining gas that is sent out
steadily or synsetic ammonia gas shall be recovered for utilization. Those
having the condition of recovery for utilization do not recover for
utilization shall be ordered to eliminate or control the pollution by a
deadline by the environment protection department of people's government at
or above the county level with approval of the concerned people's government
that the enterprise is subordinated to.
leather and other materials that may produce toxic or harmful smoke or dust or
malodorous gases in densely inhabited areas due to specific circumstance shall
be approved by the local environment protection department, and these
materials shall be centrally burned in the established burning furnace.
cities and towns, sealing measures shall be taken.
substances that may diffuse toxic or harmful gases or dust, the protective
measures such as sealing or covering , spraying measures must be taken
according to the concerning provisions.
discharge atmospheric pollutants in excess of the prescribed discharge
standards; measures shall be taken to deal with motorized vehicles and vessels
that discharge atmospheric pollutants in excess of the prescribed discharge
standards.
government at various levels shall conduct unified supervision and
administration on the prevention and control of atmospheric pollution caused
by the motorized vehicles and vessels.
railways and fishery at various levels shall, by performing their respective
functions, conduct supervision and administration on the atmospheric pollution
caused by motorized vehicles and vessels.
of motorized vehicles and vessels shall incorporate the prevention and control
of atmospheric pollution caused by motorized vehicles and vessels into the
industrial quality management.
standards shall not permitted to be manufactured, sold or imported.
Chapter V Legal Liability
of Article 31 of the Law of the People's Republic of China on the Prevention
and Control of Atmospheric Pollution, shall be executed pursuant to the
following provisions:
registration is required by the environment protection department under the
State Council for the discharge of pollutants shall be imposed of a fine
ranging from 300 to 3000 yuan;
and control of pollutants without prior approval by the environmental
protection department , or discharge pollutants in excess of the prescribed
discharge standards shall be imposed of a fine ranging from 500 to 30000 yuan;
environmental protection department or other supervisory and management
departments, or resort to trickery and fraud during inspection shall be
imposed of a fine ranging from 300 to 3000 yuan;
plastics, leather and other material that may produce toxic or harmful smoke
or dust or malodorous gases in densely inhabited areas shall be imposed of a
fine ranging from 300 to 3000 yuan;
according to the state provisions shall be imposed of a fine ranging from
1000 to 10000 yuan.
of Article 32 of the Law of the People's Republic of China on the Prevention
and Control of Atmospheric Pollution, shall be executed pursuant to the
following provisions:
circumstances where its facilities for the prevention and control of
atmospheric pollution have not completed, the environment protection
department responsible for the examination and approval of the environment
impact statement on the construction project shall order the suspension of
its operation or use and may concurrently impose a fine ranging from 5000 to
50000 yuan;
circumstances where its facilities for the prevention and control of
atmospheric pollution fail to meet the requirements specified in the state
provisions concerning environmental protection for such a construction
project, the environment protection department responsible for the examination
and approval of the environment impact statement on the construction project
shall order the suspension of its operation or use and may concurrently impose
a fine ranging from 2000 to 20000 yuan.
the Law of the People's Republic of China on the Prevention and Control of
Atmospheric Pollution an enterprise or institution that has failed to
eliminate or control pollution by the deadline as required shall be imposed
of a fine ranging from 10000 to 100000 yuan.
of Article 34 of the Law of the People's Republic of China on the Prevention
and Control of Atmospheric Pollution, shall be executed pursuant to the
following provisions:
accident shall be imposed of a fine ranging from 10000 to 50000 yuan;
basis of 30 percent of the direct loss but not exceeding 200000 yuan.
government at or above county level may impose a fine not more than 10000
yuan, but a fine more than 10000 yuan shall be reported to the environment
protection department of the people's government at the higher level for
approval.
municipality directly under the province government may impose a fine not more
than 50000 yuan,but a fine more than 50000 yuan shall be reported to the
environment protection department of people's government at the province
level for approval.
provinces, autonomous regions or municipalities directly under the Central
government may impose a fine not more than 200000 yuan.
unit or individual shall hold back.
discharge of pollutants or are warned or fined shall not be exempted from the
liability of eliminating the pollution, removing the hazard or of making
compensation to the losses.
Chapter VI Supplementary Provisions
people's governments of provinces, autonomous regions or municipalities
directly under the Central government may formulate implementing measures
according to the Law of the People's Republic of China on the Prevention and
Control of Atmospheric Pollution and these Regulations.
shall be responsible for explainations to these Rules.
1991.
URL: http://www.asianlii.org/cn/legis/cen/laws/rfiottpacoap831