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REGULATIONS OF SHANGHAI MUNICIPALITY ON ENVIRONMENTAL PROTECTION
(Valid From:1995.05.01)
CHAPTER I GENERAL PROVISIONS
CHAPTER II ORGANIZATIONS AND THEIR DUTIES
CHAPTER III PROTECTION AND IMPROVEMENT OF ENVIRONMENT
CHAPTER IV ENVIRONMENTAL SUPERVISION
CHAPTER V PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION
AND OTHER PUBLIC NUISANCE
CHAPTER VI LEGAL LIABILITY
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 1 Environmental protection is a basic state policy
of China. With a view to protecting and improving living conditions
and ecological environment, preventing pollution and other
public nuisance, safeguarding human health, promoting the
coordination of environmental protection and economic construction
as well as social development, these Regulations are formulated
in accordance with the Environmental Protection Law of the
People's Republic of China and relevant laws and regulations,
and in the light of the city's actual conditions.
Article 2 The environment referred to in these Regulations
means the whole of natural and artificially transformed natural
physical elements, which influences the existence and development
of human beings, including atmosphere, water, seas and oceans,
land, mines, forests, grassland, wildlife, natural and cultural
relics, nature protection areas, scenic spots, cities and
villages, etc..
Article 3 These Regulations shall apply to the administrative
divisions of this Municipality.
Article 4 The principles of the work of protecting the city's
environment are as follows:
1. Putting prevention first, combining precaution with treatment,
and tackling the problems in a comprehensive way;
2. Combining utilization of resources with their conservation;
3. Holding the polluter responsible for control of pollution
and compensation for damages;
4. Combining unified supervisory administration with individual
responsibility for assigned work; and
5. Combining professional management with mass participation.
Article 5 People's government at all levels and their departments,
and all units shall attach importance to publicity and education
about environmental protection, popularize scientific knowledge
of environmental protection, enhance supervision through public
opinions over environmental protection, and heighten people's
environmental consciousness and sense of legality.
Article 6 A citizen has the right to enjoy good environment
and the obligation to protect the environment. Every unit
and individual person have the right to inform against or
complain about any act causing environmental pollution or
destruction.
Article 7 The municipal, district and county people's governments
shall commend or reward any unit or individual person that
has made marked achievements in environmental protection and
improvement, and in enforcement of these Regulations.
CHAPTER II ORGANIZATIONS AND THEIR DUTIES
Article 8 The municipal, district and county people's governments
shall be responsible for the environmental quality within
their respective jurisdiction. Each government shall set a
target of environmental protection during its term of office,
draw up an annual working plan according to the environmental
protection program, and practise the system of chief executive
assuming the responsibility for environmental protection.
The municipal, district and county people's governments shall
each make an annual work report on the environmental protection
and on the fulfillment of the environmental protection target
during their respective term of office to the people's congress
or the standing committee of the people's congress at the
same level.
The township and town people's government shall be responsible
for the environmental protection within their respective jurisdiction
as required by the related district or county people's government,
and shall report regularly to the people's congress at the
same level.
The sub-district office shall be responsible for the environmental
protection in the region as authorized by the related district
people's government.
Article 9 The Municipal Environmental Protection Bureau (hereinafter
called "MEPB") is the administrative department
of the Municipal People's Government responsible for environmental
protection, which exercises unified supervision and control
over the city's environmental protection.
The district or county environmental protection bureau (hereinafter
called "DCEPB") is the administrative department
of the People's government at the same level, responsible
for environmental protection, which exercises unified supervision
and control over environmental protection within its jurisdiction
under the leadership of MEPB in professional works.
Article 10 The main duties of MEPB are as follows:
1. To take the responsibility of implementing and enforcing
the environmental protection law and regulations in the city,
and to supervise and direct the environmental protection work
in each district and county;
2. To draw up the municipal environmental protection program
and plan, and to participate in the formulation of the national
economic and social development program, the national land
program, the district (county) regional program and the overall
planning of the city;
3. To draw up the municipal environmental protection norms,
standards, and the preventive countermeasures against pollution;
4. To participate in making policies on the city's key construction
projects, and to conduct direct supervision and administration
over large-scale construction projects, specific projects,
specified areas and pollutants;
5. To determine areas where the total quantity of pollutants
is to be controlled, and the related targets for the areas;
6. To organize the monitoring of the city's environment,
and to investigate and settle major pollution accidents and
disputes; and
7. To organize researches in environmental science and important
environmental projects, to spread advanced experience and
technology relating to environmental protection, to develop
environmental protection industry and to carry out international
cooperation and exchanges on environmental protection.
Article 11 The main duties of DCEPB are as follows:
1. To take the responsibility of implementing and enforcing
the environmental protection law and regulations in their
respective jurisdiction;
2. To draw up the environmental protection program and plan
for their respective jurisdiction;
3. To fulfill the total pollutant discharge target and to
exercise supervision and inspection in their respective jurisdiction;
4. To organize investigation on regional environmental quality,
to monitor pollution sources, and to supervise and urge environmental
control;
5. To popularize scientific knowledge of environmental protection
and spread advanced technology for environmental protection;
and
6. To investigate and settle pollutant accidents and disputes.
Article 12 Administrations of public security, transportation,
railway, civil aviation, ocean, harbor superintendency, fishery
and fishing harbor superintendency and the environmental protection
departments of the army shall exercise supervision and administration
over the prevention and control of environmental protection
in accordance with the stipulations of relevant laws and regulations.
Every administrative department responsible for land, agriculture,
gardening, environmental sanitation, water conservancy, mines
shall exercise supervision and administration over resources
and ecological environmental conservation in accordance with
the stipulations of the relevant laws and regulations.
Every relevant administrative department of the municipality,
district and county shall assist MEPB and DCEPB with the enforcement
of these Regulations according to their respective functions.
CHAPTER III PROTECTION AND IMPROVEMENT OF ENVIRONMENT
Article 13 The Municipal People's government shall bring
its environmental protection program into line with the national
economic and social development program, the national land
program and the overall planning of the city.
The environmental protection program drawn up by MEPB or
DCEPB shall be submitted to the people's government at the
same level for approval before its implementation, and be
reported to the environmental protection bureau at a higher
level for the record.
Article 14 MEPB shall, jointly with the relevant departments
and according to the Shanghai City's overall planning and
the areas where the state environmental quality standards
are applicable, classify and designate environmental functional
zones, and this program shall be made public and put into
effect after being approved by the Municipal People's Government.
Article 15 Varied ways shall be explored to hear public opinions
on the formulation of the environmental protection program
or on the construction of any large or medium-scale project
or specific project, which may cause pollution to the environment.
Article 16 The Municipal People's Government shall, according
to the state quantitative check index for comprehensive environmental
protection, set the target and measures for the city's comprehensive
environmental control, and urge the district and county people's
governments and the relevant department to fulfill the target
and implement the measures.
Article 17 The city's industrial layout shall, in accordance
with the requirements of the city's (township's or town's)
planning, industrial structure and ecological conservation,
meet the following conditions:
1. No industrial production project is to be built in commercial
centre, and the existing ones must be relocated;
2. No construction or expansion of any pollutant industrial
project is to be carried out in the city's central area, and
the existing ones must be adequately regulated or relocated;
3. A new industrial project to be built shall be located
in the industrial area fixed by the planning, and the pollutants
must be disposed concentratively; and
4. Paper-making, electroplating, leather-working, printing
and dyeing, and other industrial projects with serious pollution
must be located in restricted areas.
Article 18 The municipal, district and county people's governments
shall increase investment every year in water supply, drainage,
sewage treatment, concentrative disposal of solid waste, fuel
gasification, centralized heat supply system, greening, environmental
sanitation, river pollution control and other environmental
facilities in the city, and shall ensure the availability
of funds for daily maintenance and management.
Article 19 The construction of a development zone shall meet
the requirements of an ecological city, in which the functional
zones shall be strictly classified, the industrial structure
rationally arranged, the building density controlled and the
green land area ensured.
In a city's development zone, the centralized heat supply
system, the pollutant treatment and disposal facilities, the
pollutant collection and conveyance system shall be established,
and the environmental quality standard in the zone shall be
more rigid than in other areas.
Article 20 Besides the designated conservation area for water
source on the upper reaches of the Huangpu River, the Municipal
People's Government shall delimit conservation areas on the
Yangtze River and for the sources of drinking water fixed
by the city's planning. The district and county people's government
shall designate conservation areas for the sources of drinking
water for urban and rural residents.
A conservation area for the sources of drinking water shall
set the target of improving water quality, and prohibit or
restrict any act that may cause pollution to water sources.
The designation and administration of trans-district or trans-county
conservation areas for water sources shall be settled by MEPB
with the relevant district or county people's government through
consultation.
Article 21 The municipal, district and county people's governments
shall strengthen the protection of natural ecological areas,
natural distribution areas for rare and endangered wild animals
and plants, conservation areas for water sources, cultural
relics, ancient trees and famous woods.
No pollutant project shall be built in the Chongming Dongtan
Migratory Birds Protection Area, the Jinshan Sandao Marine
Ecological Protection Area, the Dianshan Lake Water Source
Conservation Area, the Sheshan Scenic Spot, the Hengsha State-level
Tourist Area and other areas under special protection fixed
by the city's planning. The existing ones shall be required
to reach the pollutant discharge standard and the total control
index, or must be relocated.
Article 22 People's governments at all levels shall attach
importance to the protection of agricultural environment,
and prevent the occurrence and development of ecological imbalance,
such as soil pollution, vegetation destruction, water loss,
soil erosion and land salinization.
People's governments at all levels shall reinforce water
source conservation and administration of waters, and prohibit
direct discharging of pollutants and dumping of waste into
the waters.
The exploitation and utilization of natural resources such
as land, water, minerals, fishery and wildlife, shall be governed
by the stipulations of relevant state laws and regulations.
Anyone causing damage to natural resources shall be required
to make compensation for the damage.
Article 23 Discharging pollutants and dumping refuse into
ocean, or undertaking coastal project construction, off-shore
oil exploration and exploitation, marine transportation and
ship dismantlement on mud flat shall be governed by the stipulations
of relevant laws and regulations.
CHAPTER IV ENVIRONMENTAL SUPERVISION
Article 24 MEPB may, in the light of the actual conditions
of the city, set regional standards for the items that are
not covered in the state environmental quality standards and
in the state pollutant discharge standards, and set more rigid
regional pollutant discharge standards for items that are
covered in the state pollutant discharge standards. The formulated
regional standards shall be made public and put into effect
after being approved by the Municipal People's Government.
Article 25 The environmental supervision agencies set up
by MEPB and DCEPB shall be responsible for daily supervision
of pollutant sources, for investigation and handling of unlawful
practice, collection of fees for discharging pollutants and
for discharging pollutants above standards within their respective
jurisdiction.
Article 26 MEPB shall draw up regional environment monitoring
norms and technical standards, and jointly with relevant departments,
set up an environment monitoring network.
Environment monitoring agencies under MEPB and DCEPB are
responsible for the routine monitoring of environmental factors,
the supervision and monitoring of pollutant sources within
their respective jurisdiction. Their data on supervision and
monitoring shall form the basis for environmental supervision.
The environment testing data of each department and unit
may also be regarded as the basis for supervision on environmental
protection after being confirmed by an environment monitoring
agency under MEPB or DCEPB.
If the party concerned disagrees with the monitoring data,
it may apply for a recheck and affirmation to the environment
monitoring agency under an environmental protection bureau
at the next higher level within the prescribed time.
Article 27 Before the annual World Environment Day (June
5), MEPB shall issue a bulletin on the city's environmental
situation in the previous year.
Article 28 A system of environmental impact assessment shall
be adopted in every construction project that is likely to
affect the environment.
A construction unit shall entrust a qualified environmental
impact assessment agency to prepare an environmental impact
report (table) for every construction project, which shall
be submitted for approval to MEPB or DCEPB according to their
respective examination and approval competence before a project
is to be registered.
The environmental impact assessment agency for construction
project shall be responsible for its assessment conclusion.
Article 29 The pollution prevention and treatment facilities
for every construction project shall be designed, built and
put into production or use together with its principal construction
works at the same time. The original pollution relating to
the construction project shall be controlled concurrently.
After the completion of a construction project, the pollution
prevention and treatment facilities must be subjected to check
and acceptance by the environmental protection bureau that
originally examined and approved the environmental impact
report, before being put into production or use. If a trial
production or operation is required, approval must be obtained
from the environment protection bureau, and the pollution
prevention and treatment facilities must operate at the same
time.
Article 30 Any unit or self-employed worker discharging pollutants
shall, according to relevant stipulations, declare accurately
to the environmental protection bureau in the locality and
register with it the kind, quantity, concentration, mode of
discharge and direction of the discharged pollutants, the
facilities and type of pollution treatment, and provide technical
data and information concerning prevention and treatment of
pollutants.
If any change needs to be made in the kind, quantity, concentration,
mode of discharge or direction of the discharge pollutants,
the alteration procedures for declaration and registration
must be completed within 30 days before the change is made.
Article 31 The pollutant discharge by a unit discharging
pollutants in the total pollutant discharge control area shall
come up to the set discharge standard and the total control
index.
On the precondition that the improvement of environmental
quality in a region is ensured, the unit concerned may transfer
part of its pollutant discharge quota for valuable consideration
upon the approval of MEPB.
Article 32 A system of pollutant discharge licence shall
be adopted in the city. MEPB shall, jointly with relevant
departments, determine the areas, kinds and objects to be
licensed.
MEPB or DCEPB shall examine and approve applicant unit for
discharging of pollutants and issue the "Pollutant Discharge
Licences" according to the requirements of the regional
total pollutant discharge control.
Article 33 Any unit or self-employed worker discharging pollutants
above the state or municipal standard must pay fees for discharging
excess pollutants according to relevant stipulations. Where
the state and the city authorities stipulate payment of fees
for discharging pollutants, the stipulations must be implemented.
Payment of the fees for discharging pollutants above standard
and the fees for discharging pollutants shall not relieve
the party concerned of the responsibility for pollution treatment
and compensation and other responsibilities set by relevant
laws.
Fees for discharging pollutants above standard and fees for
discharging pollutants shall be managed and used according
to the stipulations of the relevant state laws and regulations.
Article 34 In the case of the discharge of pollutants above
standard or the total control index, causing severe environmental
pollution, a time limit must be set for its treatment.
The municipal, district and county people's government shall
make a decision on pollutant treatment within a specified
period of time according to their respective competence, and
may also authorize MEPB and DCEPB to make such decision, which
shall be reported to the people's government at the same level
for the record.
Article 35 MEPB or DCEPB and their environment monitoring
agencies shall, according to law, exercise on-the-spot supervision
and investigation on every unit and self-employed worker under
their administration. In the process of an inspection, a uniform
credential of supervision and inspection printed by MEPB shall
be produced, and the technology and professional work of the
examinee shall be kept secret.
The examinee shall report the situation accurately, and provide
necessary data and information. No concealment, refusal or
obstruction is allowed.
Article 36 The prevention and control of trans-district or
trans-county environmental pollution and destruction shall
be settled through consultation by MEPB with the relevant
district or county people's government. If no settlement can
be reached through consultation, the Municipal People's Government
shall make a decision.
CHAPTER V PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION
AND OTHER
Article 37 The departments and units concerned shall work
out plans for preventing and controlling pollution, adopt
advanced techniques and technology, and harness pollution
sources as required by the environmental protection program
and the comprehensive environmental control.
Any unit or self-employed worker causing environmental pollution
and other public nuisance shall adopt a system of responsibility
for pollution control, set up pollutant processing facilities
and ensure their normal operation, and perfect the file of
operation.
If the pollutant processing facilities fail to operate regularly
owing to breakdown or overhaul, the production must be stopped
or decreased, or other measures be taken, and a report must
be submitted to the environmental protection bureau in the
locality within 24 hours.
If the pollutant processing facilities are to be dismantled
or left idle, a written application must be submitted to MEPB
or DCEPB for approval within 30 days before any action is
taken.
If MEPB or DCEPB fails to make a decision within 20 days
from the date of receipt of the written application, an approval
is to be taken for granted.
Article 38 Adoption of clean technology featuring energy
saving, low consumption, no pollution or minimal pollution,
and clean production shall be encouraged.
For the introduction of technology, equipment and construction
project from abroad, the requirements of no pollution or minimal
pollution must be met. If the introduced items may cause pollution
while the necessary treatment technology or equipment is not
available in China, the required treatment technology or equipment
must be imported concurrently.
Use of any technology or equipment causing severe environmental
pollution, which are to be discarded as explicitly ordered
by the state and the city authorities, is prohibited.
Article 39 The discharge of waste gas must be brought under
strict control and the following conducts are banned;
1. The discharge of toxic and noxious gas and dust above
the set discharge standard;
2. The construction, renovation or expansion of any thermal
power plant with no desulphurisation equipment installed;
3. The burning of substances that give off toxic and noxious
smoke or dust and foul odor in a non-designated area;
4. The producing of a large amount of dust and airborne dust
in the process of construction, transportation, loading and
unloading and production;
5. The discharge of waste gas from powered vehicles and vessels
above the set standard;
6. The exhaustion of unpurified smoke and oil fume in catering
services and canteens; or
7. The installation of air conditioners and cooling facilities
that affect the environment and the life of other people.
Article 40 Sewage discharge must be brought under strict
control and the following conducts are banned:
1. Unscrupulous discharge of oils, acid and alkali fluids,
lethal waste water, radioactive waste water of high or medium
intensity, and non- sterilized pathogen bearing sewage;
2. Unscrupulous discharge of below-standard industrial waste
water, domestic sewage, building slurry, livestock and poultry
sewage, aquatic cultivation farm sewage, slaughterhouse sewage
and other sewage in production and operation activities;
3. The connection of below-standard sewage pipes to a sewage
processing plant or the discharge of below-standard sewage
from the sewage processing plant;
4. Unscrupulous discharge of a ship's sewage nonconforming
to the discharge standard; or
5. Artificially pumping back of underground water of below-standard
quality.
The sewage received into the regional sewage catch-pipe shall
reach the set standard and the total control index. If such
sewage does not reach the standard or index, it must be pre-treated.
Article 41 Noise pollution must be brought under strict control
and the following conducts are banned:
1. The setting up of a production or an operation project
that causes noise pollution in residential quarters, cultural
and educational quarters and other special areas;
2. The use of high-powered loudspeakers that cause noise
pollution in public places such as streets, parks, markets
and schools, except in the case of special needs as approved
by the environmental protection bureau in the locality;
3. Construction operation during the set time at night affecting
the sleep of the residents, except in the case of emergencies,
rush repairs and necessary consecutive operation as approved
by MEPB or DCEPB;
4. Undertaking of profit-making cultural entertainment activities
affecting the life of the residents; or
5. The honking of motor vehicles and vessels in non-honking
quarters.
Article 42 Solid waste pollution must be brought under strict
control and the following conducts are banned:
1. The mixing of dangerous waste with domestic refuse or
other waste;
2. Unscrupulous dumping of domestic refuse, faeces, industrial
residue or other solid wastes;
3. Unscrupulous dumping and burying of waste residue containing
soluble lethal toxicants;
4. The spilling of domestic refuse, industrial residue or
other solid wastes in process of loading and unloading and
transportation; or
5. The storing of residue containing soluble lethal toxicants,
without taking precautions against water, leak and loss.
A site chosen to serve as store ground, treatment ground
or disposal ground of solid wastes shall be approved by MEPB;
the construction and operation of the site shall be supervised
by MEPB.
Article 43 A unit or individual person that uses nuclear
installations, radioactive isotopes or mineral resources with
associated radioactivity shall subject radioactive wastes
to safety treatment. Radioactive solid wastes must be put
under strict control and be disposed of concentratively according
to relevant regulations.
Radiation devices must be equipped with shields to meet the
requirements of protection against radiation.
A unit that produces electromagnetic radiation must install
protection facilities.
Article 44 The production, sale and use of pesticides must
be in conformity with the state provisions on pesticide management.
Control over transportation and storage of pesticides and
over disposal of expired and ineffective pesticides must be
tightened to prevent environmental pollution.
Article 45 Transfer of dangerous wastes, radioactive wastes
and refuse on the control list of the state and the city from
abroad or other provinces and cities into this city are forbidden.
If there is a special need for the importation of wastes
as raw materials, energy source or for recycle, an approval
must be obtained according to relevant state regulations before
the wastes are admitted into the city.
Transfer of pollutants or production projects that may cause
severe pollution to any unit or individual person incapable
of disposing of or treating pollutants in the city or in other
provinces and cities, is forbidden.
Article 46 If a pollution accident or other sudden pollution
incident happens, the unit or self-employed worker involved
must take emergency measures, notify the units and residents
that may fall victims to the pollution, report in no time
to the local environmental protection bureau and the relevant
departments, and be ready to be investigated and dealt with.
If the environment is seriously polluted and the residents'
lives, property and safety are threatened, MEPB or DCEPB must
report to the people's government at the same level and the
next higher environmental protection bureau. The people's
government concerned and the relevant departments shall take
effective measures to remove or reduce the pollution dangers.
Article 47 A standard for environmental protection technology
shall be set up for industrial products likely to cause environmental
pollution. Production, sale, or use of industrial products
non-conforming to the standard for environmental protection
technology are not allowed.
Article 48 In regard to the industrial and agricultural products
whose raw material, production process and manufactures meet
the relevant requirements of environmental protection, MEPB
shall, jointly with the relevant departments, affirm them
and issue the certificates of "Product with Environmental
Emblem".
Article 49 If any enterprise or institution in the city centre
has to be relocated because of its environmental functions
and industrial structure adjustment, the department concerned
shall give it support in investment, credit, land-use, supply
of energy resources and taxation.
Article 50 The municipal, district and county people's governments
shall encourage and support environmental protection industry
in the course of industrial structure adjustment. Every department
concerned shall establish and perfect a system of quality
standard relating to environmental protection products, present
regularly a list of the environmental products that shall
be given priority for development, introduce and popularize
advanced technology and products, and exercise quality control.
Article 51 Anyone who violates the stipulations of Section
1 or Section 2 of Article 28, Section 1 of Article 29, Article
30, Section 2 of Article 35, Section 2 or Section 3 of Article
37, Section 2 of Article 45, Section 1 of Article 46 of the
present Regulations shall be given a warning and be ordered
to make rectification and may be fined as follows:
1. A fine under 1,000 yuan for slight cases;
2. A fine from 1,000 yuan to 10,000 yuan for serious cases.
Article 52 Anyone who violates the stipulations of Article
17, Section 2 of Article 20, Section 2 of Article 21, Section
2 of Article 22, Section 2 or Section 3 of Article 38, Article
39, Article 40, Article 41, Section 1 of Article 42, Article
43, Article 44, Section 1 or Section 3 of Article 45, Section
2 of Article 47 of the present Regulations shall be given
a warning and be fined as follows:
1. A fine under 1,000 yuan for slight damages;
2. A fine from 1,000 yuan to 30,000 yuan for medium damages;
3. A fine from 30,000 yuan to 100,000 yuan for severe damages.
Article 53 Anyone who violates the stipulations of Section
2 of Article 29 of the present Regulations shall be ordered
to suspend production or use, and shall pay a fine equivalent
to one to ten per cent of the total investment of a construction
project, but the fine may not be more than 100,000 yuan.
Article 54 Anyone who violates the stipulations of Section
1 of Article 31 of the present Regulations shall pay a double
fee for discharging pollutants above standard and a fine of
5,000 yuan to 50,000 yuan, and the pollutant discharge licence
may be revoked.
For any unlicensed pollutant discharge in an area where the
pollutant discharge licensing system is practiced, a fine
from 10,000 yuan to 100,000 yuan shall be imposed in addition
to collecting fees for discharging pollutants, and a double
fee for discharging pollutants above standard.
Anyone violating the stipulations of Section 2 of Article
31 of the present Regulations shall have illegal earning confiscated
and pay a fine equivalent to 50 per cent of the illegal earnings.
Article 55 Anyone who violates the stipulations of Section
1 of Article 33 of the present Regulations shall be retroactively
charged fees for discharging pollutants or fees for discharging
pollutants above standard and an overdue fine, and a penalty
equivalent to 10 per cent of the amount in arrears shall be
imposed in addition.
Article 56 Anyone who violates the stipulations of Section
4 of Article 37 of the present Regulations shall be ordered
to restore and reuse the pollutant processing facilities,
and a fine equivalent to 5 to 20 per cent of the investment
amount of such facilities shall be imposed.
Before the restoration and reuse of the pollutant processing
facilities, a double fee for discharging pollutants above
standard shall be charged.
Article 57 Anyone who fails to complete the treatment within
a specified time or fails to reach the treatment target, shall
be charged a double fee for discharging pollutants above standard
and a fine from 5,000 yuan to 50,000 yuan shall be imposed
in addition. If any severe environmental pollution occurs
and there are no treatment measures available, the people's
government above district or county level shall order the
party concerned to change its production, relocate, suspend
its operation, or close down.
Article 58 In the case of an environmental pollution accident
resulting from violation of the present Regulations, a fine
equivalent to 10 to 30 per cent of the direct loss caused
by the pollution accident shall be imposed. If the case is
serious, the work unit of the person concerned, or a higher
regulatory department shall inflict an administrative punishment
upon the person holding direct responsibility.
Anyone who causes a grave pollution accident, which constitutes
a crime, shall be prosecuted for criminal liability according
to law.
Article 59 If any error occurs in the conclusion of the construction
project's environmental impact assessment, thus causing a
loss, the environmental impact assessment agency shall be
degraded, or its environmental impact assessment qualification
certificate shall be revoked. The earning from assessment
shall be confiscated and a fine equivalent to 50 to 100 per
cent of the earnings from assessment shall be imposed. The
person directly responsible for the error shall pay a fine
from 500 yuan to 5,000 yuan.
Article 60 The administrative punishment inflicted for violation
of the present Regulations shall be decided on by MEPB or
DCEPB, unless otherwise provided by other laws and regulations,
in which case such provisions shall apply.
Article 61 A fine under 50,000 yuan shall be decided on by
DCEPB, a fine under 200,000 yuan by MEPB, and a fine above
200,000 yuan shall be proposed by MEPB and approved by the
Municipal People's Government.
The administrative punishment upon the person concerned shall
be inflicted in accordance with the stipulations in the "Regulations
on Administrative Punishment of the People's Republic of China".
Article 62 The person concerned who refuses to accept the
decision on administrative punishment may, within 15 days
from the date of receipt of the punishment notice, apply for
a reconsideration to the authority at the next higher level.
If still not convinced by the decision made after the reconsideration,
the person concerned may institute legal proceedings in a
people's court within 15 days from the date of receipt of
the decision made after the reconsideration. The person concerned
may also directly institute legal proceedings in a people's
court within 15 days from the date of receipt of the punishment
notice. If the person concerned does not apply for a reconsideration,
nor institute legal proceedings in a people's court, nor institute
legal proceedings in a people's court, nor fulfill the decision
on punishment, the authority that makes the decision on punishment
may apply to the people's court for enforcement.
Article 63 Any unit or self-employed worker causing environmental
pollution shall be responsible for eliminating the harm done
and for compensating the unit or individual person directly
harmed for losses; but if the environmental pollution damage
is caused by force majeure such as natural calamities and
the environmental pollution damage is unavoidable despite
the timely adoption of reasonable measures, the party concerned
shall be relieved of such responsibility.
Any unit or individual person harmed by environmental pollution
or destruction may bring a suit to a people's court. The accused
party shall bear the liability for compensation, if it is
unable to prove the absence of causality between the injured
party's damage and the act of discharging pollutants. If the
environmental pollution damage is attributed to both parties,
each party shall bear its corresponding liability; if a third
party caused the harm, the third party shall assume the liability.
If a dispute arises in connection with the liability and
the amount of compensation, MEPB, DCEPB or other departments
which exercise power on environmental supervision and control
according to law, shall conduct mediation at the request of
the party concerned; if the dispute cannot be settled through
mediation, the party concerned may institute legal proceedings
in a people's court. The party concerned may directly institute
legal proceedings in a people's court before any mediation
is made.
Article 64 The approval documents issued by any relevant
department, which breaks the law, oversteps its competence
or has no authority in making the examination and approval,
shall be deemed invalid; a compensation shall be made according
to law for any losses incurred thereby.
MPEB shall have the responsibility to correct or annul any
wrong decisions or approvals made by DCEPB in violation of
the law or by overstepping their respective competence.
Article 65 The environmental protection supervising officers
or related personnel of other departments who abuse power,
neglect duties and practise favoritism, and the environmental
monitors who employ trickery and provide false data, shall
be given administrative sanctions by their work units or higher
competent authorities; if the irregularities constitute a
crime, the party concerned shall be prosecuted for criminal
liability according to law.
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 66 MEPB is responsible for the interpretation of
these Regulations in their specific application.
Artile 67 These Regulations shall become effective on May
1,1995.
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