Laws of the Shanghai Province

(Promulgated on May 15, 2004 by Decree No. 23 of the Shanghai Municipal People' s Government)

Article 1 (Purpose and Basis)

For the purpose of prevention and control of the pollution of flying dust, protecting and improving the quality of the atmospheric environment, these Procedures are formulated in accordance with the " Law of the People' s Republic of China on the Prevention and Control of Atmospheric Pollution" , the "Procedures of Shanghai Municipality on the Implementation of the 'Law of the People' s Republic of China on the Prevention and Control of Atmospheric Pollution' " and other relevant laws and regulations.

Article 2 (Definition)

The pollution of flying dust mentioned in these Procedures refers to the pollution to the atmosphere made by dusts and particles produced due to bare soil and in the activities of house construction, road and pipeline construction, house demolition, goods and materials transportation, piling of goods and materials, road sanitation, and crop planting and cultivation, etc.

Goods and materials easy to cause the pollution of flying dust mentioned in these Procedures refer to the goods and materials easy to produce dusts and particles such as coal, sand and stone, dirt, mortar, plaster, construction garbage and dregs, etc.

Article 3 (Application Scope)

These Procedures apply to the prevention and control of the pollution of flying dust and relevant management activities thereof conducted in the administrative area of this Municipality.

Article 4 (Administrative Department)

The Shanghai Municipal Environmental Protection Bureau (hereinafter referred to as the SMEPB) shall implement the centralized supervision and administration of the prevention and control of the pollution of flying dust in this Municipality, and organize the implementation of these Procedures; the district/county competent environmental protection administrative departments (hereinafter referred to as district/county EPDs) shall be responsible for the supervision and administration of the prevention and control of the pollution of flying dust in their respective administrative areas.

Relevant administrative departments of construction, public works, public security, communications, city appearance and environmental sanitation, greening, and port, etc. of this Municipality shall do a good job of the work of prevention and control of the pollution of flying dust according to their respective duties.

The district/county people' s governments shall strengthen the leadership in the work of prevention and control of the pollution of flying dust in their own administrative area, and work out plans, take effective measures to prevent and control the pollution of flying dust.

Article 5 (Pollution Monitoring and Information Exchanging)

The Municipal Environmental Protection Bureau shall strengthen the environmental monitoring and control of the pollution of flying dust, and periodically publish the environmental information regarding the situation of the pollution of flying dust.

The Municipal and district/county environmental protection departments and relevant administrative departments shall exchange information, and closely cooperate to establish an information system of the work of the prevention and control of the pollution of flying dust.

Article 6 (Overall Scheme and Plan of the Prevention and Control of the Pollution of Flying Dust)

The SMEPB shall, according to the need of prevention and control of the pollution of flying dust, jointly with relevant departments of this Municipality, work out the overall scheme for the prevention and control of the pollution of flying dust.

This Municipality' s relevant administrative departments of construction, public works, public security, communications, city appearance and environmental sanitation, greening, and port, etc, and district/county people' s governments shall, according to the overall scheme of prevention and control of the pollution of flying dust, work out implementation plans of prevention and control of the pollution of flying dust, take effective measures to reduce the pollution of flying dust.

Article 7 (Duties to Prevent and Control the Pollution of Flying Dust in Construction Projects, Green Construction and House Demolition)

The construction units of house construction, road and pipeline construction, green construction, and house demolition shall bring the expense for prevention and control of the pollution of flying dust into the budgetary estimate of the project, and make clear the duties of the operation unit for prevention and control of the pollution of flying dust in the contract of the contracting project signed with the contractor.

Article 8 (General Requirements of Dust Prevention in the Operation of Construction Projects)

The operation of construction projects in the key city area, new city area, key town areas, tourist regions (spots), and large scale gathering and dispersing centers of passenger transport shall meet the following requirements of the prevention and control of the pollution of flying dust:

1. In case of piling up materials that are easy to produce flying dust pollution like cement, dirt, sand and stones, etc. in the construction site, closed enclosures not lower than the piling materials shall be installed around it; the outer side of scaffolds must be enclosed with close-eye safety nets.

2. Within 30 days after the completion of the construction project, the operation unit shall level the ground in the construction site, and clear away the heaped-up dirt and piled-up materials.

3. The use of air compressors to tidy up vehicles, equipment and materials shall be forbidden.

4. The ground in the construction site shall be hardened.

5. In the construction operation where large amount of mud is produced, proper mud pools and ditches shall be equipped so that there shall be no out flowing of mud, and the waste mud shall be transported out with tank lorries.

6. In the key city area, in the case of daily mixing of 30 cubic meters of concrete or more, the mixing in the open air on the site is forbidden; in the case of daily mixing of less than 30 cubic meters of concrete and a necessity of mixing in the open air on the site, proper measures of prevention and control of flying dust shall be taken.

7. The operation unit shall use pre-mixed mortar.

Article 9 (Requirements of Dust Prevention in the Operation of House Construction)

The operation of house construction in the limit of the key city area, new city area, key town areas, tourist regions (spots), and large scale gathering and dispersing centers of passenger transport shall meet the following requirements in addition to the requirements on prevention and control of the pollution of flying dust provided in Article 8 of these Procedures:

1. Install closed enclosures of hard materials not lower than 2 meters around the construction site.

2. Install vehicle cleaning facilities and necessary auxiliary facilities of drainage and mud pools inside the construction site; transportation vehicles may drive out of the construction site only after mud removing and washing and cleaning up.

3. In case that construction garbage and dregs can not be cleared and transported out within 48 hours, temporary piling ground shall be set up inside the construction site, and dust prevention measures like enclosures and covering, etc. shall be taken for the temporary piling ground.

4. Transportation of bulk goods and materials and construction garbage and dregs on buildings and structures shall be done with tightly closed methods, and throwing or scattering in the upper air are forbidden.

5. In case that the construction site is laid idle for over 6 months, the construction unit shall make temporary greening or lay turf to the bare ground.

Article 10 (Requirements of Dust Prevention in Road and Pipeline Construction)

The operation of road and pipeline construction in the limits of key city area, new city area, key town areas, tourist regions (spots), and large scale gathering and dispersing centers of passenger transport shall meet the following requirements in addition to the requirements on prevention and control of the pollution of flying dust provided in Article 8 of these Procedures:

1. In case of building new roads or large scale repairing of existing roads, closed enclosures of hard materials not lower than 2 meters shall be installed at the construction site.

2. In case of piling of earth in road and pipeline construction over 48 hours, measures to prevent and treat flying dust like covering, etc. should be taken.

3. In case of ground digging by using air drills or cleaning up the site, water shall be sprayed over the ground.

Article 11 (Requirements of Dust Prevention in House Demolition)

The operation of house demolition in the limits of key city area, new city area, key town areas, tourist regions (spots) shall meet the following requirements of dust prevention:

1. In case that weather forecast reports wind speed of Beaufort number 5 or higher, house explosion or demolition shall be stopped.

2. In the operation of house demolition or explosion, water spreading or spraying shall be made to the house to be demolished or exploded; with the exception that in the manual demolition, the operation of water spreading or spraying may cause loosening of house structure and thus endanger the safety of the operation workers.

3. Install vehicle cleaning facilities and necessary auxiliary facilities of drainage and mud pools inside the construction site; transportation vehicles may drive out of the construction site only after mud removing and washing and cleaning up.

4. In case that construction garbage cannot be cleared and transported out within 48 hours, dust prevention measure like covering and water spraying, etc. shall be taken.

Article 12 (Administration over Prevention and Control of Flying Dist in Construction Operation)

The competent administrative department of construction shall, according to the provisions in Article 8, Article 9 and Article 11 of these Procedures, include the requirements of prevention and control of the pollution of flying dust into the operational technical norms of house construction and the operational technical norms of house demolition; and the competent administrative department of public works shall, according to the provisions in Article 8 and Article 10 of these Procedures, include the requirements of prevention and control of the pollution of flying dust into the operational technical norms of road and pipeline construction.

The operation units of house construction, road and pipeline construction and house demolition shall, according to the provisions in Article 8, Article 9, Article 10 and Article 11 of these Procedures, work out schemes for prevention and control of the pollution of flying dust, establish the corresponding responsibility system and the day-to-day accounting system of operation recording, and designate specific person(s) to be responsible for the detailed management work of prevention and control of the pollution of flying dust at the construction site.

The operation units of house construction and house demolition shall, within 3 working days before the putting into operation of the project, report the scheme for prevention and control of the pollution of flying dust to the district/county competent administrative department of construction in the locality of the project for the record, and before the putting into operation of the project, make public the scheme for prevention and control of the pollution of flying dust at conspicuous places around the construction site until the completion of the project, during which the published content shall be kept clear and intact. The operation units of road and pipeline construction shall, within 3 working days before the putting into operation of the project, report the scheme for prevention and control of the pollution of flying dust to the district/county competent administrative department of public works in the locality of the project for the record.

Article 13 (Requirements of Dust Prevention in Goods and Materials Transportation)

The unit and individual person who transport goods and materials that are easy to cause the pollution of flying dust in the limits of key city area, new city area, key town areas, and tourist regions (spots) shall use tightly closed vehicles for transportation. Anyone who is not equipped with tightly closed vehicles for transportation shall entrust the unit or individual person that meet the requirements of tightly closed transportation to do the business.

The transportation unit and individual person shall strengthen the maintenance of the tightly close equipment of the vehicle and machinery, ensure the normal use of the equipment and guarantee that there is no leakage, littering or scattering of goods and materials in the course of transportation.

In case that transportation vehicles for construction garbage or dregs do not satisfy the requirements on tightly closed transportation, the administrative department of city appearance and environmental sanitation shall not issue the "Certificate for the Disposal of Construction Garbage and Dregs" .

Article 14 (Requirements of Dust Prevention for Ports, Piling Sites and Open Depots)

Ports, piling sites and open depots for goods and materials easy to produce flying dust in the limits of key city area, new city area, key town areas and ordinary towns shall meet the following requirements of dust prevention:

1. The ground shall be hardened.

2. Concrete enclosures or depots with ceilings shall be adopted, and spray facilities shall be equipped inside the depots or other dust controlling measures shall be taken.

3. In case that tightly closed transportation equipment is used in the operation, dust absorption apparatus, water spreading or spraying, or other dust prevention measures shall be installed or taken at the loading and unloading posts, and be kept in good condition.

4. Special sites for vehicle washing shall be installed and facilities for vehicle washing and cleaning be equipped at the exits.

5. Demarcation between material storage areas and roads shall be set, littered materials shall be cleared away in time, and roads be kept clean and washed in time.

In case that the existing ports, piling sites and open depots in the limits of key city area, new city area, key town areas, and ordinary towns do not satisfy the requirements of the provisions in the preceding clause, the owner or administrator shall renovate them according to the provisions in the preceding clause within 6 months upon the implementation of these Procedures.

Article 15 (Requirements of Dust Prevention in Road Sanitation)

The operation of road sanitation in the limits of the key city area, new city area, key town areas shall meet the following requirements of dust prevention:

1. With the exception of rainy days or days with minimum temperature of 4¡ã C or below, the traffic lanes of major roads in the city shall be washed at least once a day, and the pavements of major roads at least once every 3 days.

2. Mechanical spraying and cleaning shall be adopted on major urban roads, expressways and elevated lines, and shall be encouraged on other roads.

3. In case that manual cleaning is adopted, the service norms of the operation of city appearance and environmental sanitation shall be satisfied.

The administrative departments of city appearance and environmental sanitation, and public works shall include the requirements of prevention and control of the pollution of flying dust in the operation of road sanitation into the technical norms of the sanitary operation.

Article 16 (Measures of Dust Prevention in Planting and Cultivation of Plants)

The planting and cultivation of plants in the limits of the key city area, new city area, key town areas shall meet the following requirements of dust prevention:

1. In case of planting road-side trees, and if trees cannot be planted in 48 hours in the holes dug for their planting, the tree holes and the earth shall be covered or other dust prevention and controlling measures shall be taken. After the completion of tree planting, the remaining earth and other materials shall be cleared off within the day, and if the clearance cannot be completed, covering shall be made.

2. The construction of greening in stretches with an area of 3,000 square meters or over shall install enclosure of hard material not lower than 2 meters around the green use land, and vehicle washing facilities and the necessary auxiliary facilities of drainage and mud pools shall be installed inside the site, and the transportation vehicles may drive out of the site of operation only after mud removing and washing.

3. The bare land in the green belt and under the roadside trees shall be greened with plants or turf be laid.

The administrative departments of greening shall include the requirements of prevention and control of the pollution of flying dust into the technical norms of greening construction and greening cultivation.

Article 17 (Greening and Laying of Turf of Bare Land)

The bare land in the limits of the key city area shall be greened or have turf laid. The relevant responsible person may be decided according to the following provisions:

1. The bare land inside a unit shall be greened or have turf laid by the unit itself.

2. The bare land inside the residential quarters shall be greened or have turf laid by the property management enterprises with the authorization of the owners.

3. The bare land along public roads, riversides and public greenery land managed by the administrative departments of public works, water affairs, and greening, shall be greened or have turf laid respectively under the organization of the administrative departments of public works, water affairs and greening.

Article 18 (Supervision and Inspection)

The municipal or district/county environmental protection departments shall strengthen the supervision and administration over the prevention and control of the pollution of flying dust, and other relevant administrative departments shall strengthen the supervision and inspection over the sites and facilities that produce the pollution of flying dusts. Over the comprehensive preventive and control work of flying dust, the municipal or district/county environmental protection departments may organize relevant administrative departments to implement joint law enforcement inspection.

The unit or individual person that is inspected shall report true situations, and provide materials relevant to the inspection contents, and must not hide, refuse or obstruct the supervision and inspection of the relevant administrative personnel.

Article 19 (Making Known to Society)

In case that relevant units or individuals do not take effective dust prevention measures according to the provision of these Procedures, the relevant administrative departments shall order a rectification within a time limit, and the SMEPB shall periodically publish the list of names of violators to the society.

Article 20 (Complaint and Report)

The municipal or district/county environmental protection departments and relevant administrative departments shall open reporting telephones to accept reports and complaints from the public about the pollution of flying dust. After accepting reports and complaints from the public about the pollution of flying dust, the municipal or district/county environmental protection departments or relevant administrative departments shall rush to the spot in time for inspection, and inform the reporter or complainant of the result of handling. If the case proved to be true after inspection, the municipal or district/county environmental protection or relevant administrative departments shall reward the reporter or complainant.

Article 21 (Punishment for Violation of Provisions on Dust Prevention of Operations of Construction Projects and House Demolition)

In case of the violation of the provisions of Items1, 3, 4, 5, 6 and 7 of Article 8; Items 2, 3, 4 and 5 of Article 9; Items 2 and 3 of Article 10; and Items 1, 2, and 3 of Article 11 of these Procedures that the operation unit does not take effective dust prevention measures in the operation of house construction, road and pipeline construction and house demolition, the competent administrative department of construction shall order a rectification within a time limit, and may cumulatively impose a fine of between not less than 1,000 yuan and not more than 10,000 yuan. In case of causing serious pollution of flying dust, a fine of between not less than 10,000 yuan and not more than 20,000 yuan may be cumulatively imposed. In case of a refusal of rectification by the operation unit, the competent administrative department of construction may order a suspension of work for rectification.

In case of the violation of the provisions of Item 2 of Article 8, Item 1 of Article 9, Item 1 of Article 10, and Item 4 of Article 11 of these Procedures that the operation unit does not take effective dust prevention measures in the operation of house construction, road and pipeline construction and house demolition, the municipal administrative department of city appearance and environmental sanitation or the competent administrative department of construction shall handle the case according to the provisions of relevant laws, rules and regulations.

In case of the violation of the provisions of Clause 3 of Article 12 of these Procedures that the scheme for prevention and control of the pollution of flying dust is not reported for the record, or is not published according to the provisions, the competent administrative department of construction shall order a rectification within a time limit, and may cumulatively impose a fine of between not less than 1,000 yuan and not more than 10,000 yuan.

Article 22 (Punishment for Violation of Provisions on Dust Prevention of Transportation of Goods and Materials)

In case of the violation of the provisions on prevention and control of pollution of flying dust in transportation of goods and materials in Article 13 of these Procedures, the administrative department of public security and traffic, the municipal administrative department of city appearance and environmental sanitation, or the administrative department of urban traffic shall handle the case according to relevant laws, rules and regulations.

Article 23 (Punishment for Violation of Provisions on Dust Prevention of Piling Sites)

In case of the violation of the provisions of Article 14 of these Procedures that ports, piling sites and open depots do not meet the requirements of the prevention and control of the pollution of flying dust, the municipal or district/county environmental protection departments shall order a rectification within a time limit, and in case of a refusal of rectification, a fine of between not less than 1,000 yuan and not more than 10,000 yuan shall be imposed; to the case which causes serious pollution of flying dust, a fine of between not less than 10,000 yuan and not more than 20,000 yuan shall be imposed.

Article 24 (Punishment for Violation of Provisions on Dust Prevention of Road Sanitation)

In case of the violation of the provisions of Clause 1 of Article 15 of these Procedures that the operation of road sanitation does not meet the requirements of the prevention and control of the pollution of flying dust, the administrative department of city appearance and environmental sanitation, or the administrative department of public works shall, according to their own respective duties, order a rectification, and may cumulatively impose a fine of between not less than 300 yuan and not more than 3,000 yuan.

Article 25 (Punishment for Violation of Provisions on Dust Prevention of Planting and Cultivation of Plants)

In case of the violation of the provisions of Clause 1 of Article 16 of these Procedures that the operation of planting and cultivation of plants does not meet the requirements of the prevention and control of the pollution of flying dust, the administrative department of greening shall order a rectification, and may cumulatively impose a fine of between not less than 500 yuan and not more than 5,000 yuan. In case of a refusal of rectification, the administrative department of greening shall order a suspension of work for rectification.

Article 26 (Punishment for Violation of Provisions on Dust Prevention of Greening and Turf Laying of Bare Land)

In case of the violation of the provisions of Clause 1 of Article 17 of these Procedures that relevant units do not green or lay turf on the bare land in their units, the district/county EPDs shall order a rectification within a time limit, in case of a refusal of rectification, the district/county EPDs shall organize a greening or laying of turf for them, and let the violators bear the necessary expenses, and may cumulatively impose a fine of between not less than 1,000 yuan and not more than 20,000 yuan.

Article 27 (Investigation of Illegal Acts of the Administrative Personnel)

In case in violation of the provisions of these Procedures that any administrative personnel do not accept and handle cases that shall be accepted and handled, or do not investigate and punish wrongful acts that shall be investigated and punished, and thus cause serious damage to the public interest, or abuse their powers, examine and approve in violation of law, or engage in malpractice for personal gains, the units they work in or the superior competent department shall give them administrative sanction; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability as provided by law.

Article 28 (Effective Date)

     These Procedures shall become effective on July 1, 2004.