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中华人民共和国大气污染防治法实施细则 RULES FOR IMPLEMENTATION OF THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF ATMOSPHERIC POLLUTION

2006-05-17 14:58   我要纠错 | 打印 | 收藏 | | |

国家环境保护局令第5号
(Approved by the State Council on May 8, 1991 promulgated by Decree No. 5 of the National Office for Environment Protection on May 24, 1991)
颁布日期:19910524  实施日期:19910701  颁布单位:国家环保局

  Chapter I General Provisions

  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 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

  Article 6 Before a construction project that discharge atmospheric 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:

  (1) the processing result of the facility for the prevention and control of atmospheric pollution has reached the designed standard;

  (2) the managerial regulations and rules for the facility for the prevention and control of atmospheric pollution are sound;

  (3) the concerning technical information for the facility for the prevention and control of atmospheric pollution is complete.

  Only when the facilities for the prevention and control of atmospheric pollution are qualified through check and acceptance, the construction project may be put into operation and used.

  Article 7 The units that discharge atmospheric pollutants shall, with 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.

  Article 8 The units that discharge atmospheric pollutants must, in 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.

  Article 9 If the pollutant treatment facilities are to be dismantled or 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.

  Article 10 The units that are ordered to eliminate or control the pollution by a deadline shall report periodically to the environment protection department about the process of elimination or control.

  The environment protection department shall inspect the situation of 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.

  Article 11 The units that cause an accident of atmospheric pollution 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.

  Article 12 The personnel for supervision and administration from the 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.

  The certificate of inspection hold by the personnel for supervision and 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.

  Article 13 When conducting an on-the-spot inspection the environment protection department and other supervision and administration departments may require the inspected units to provide the following information and material:

  (1) the situation of pollutants discharging;

  (2) the operation, function and management situation of the discharge and treatment facilities;

  (3) the types, norms and calibration situation of the monitoring instrument and equipment;

  (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 concerning the pollution;

  (8) other information and situation concerning the prevention and control of atmospheric pollution.

  Chapter III Prevention and Control of Soot Pollution

  Article 14 The competent department concerned under the State Council 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.

  Before the design of a new boiler production is finalized, the 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.

  The boiler manufacture factories must mark the concentrations of boiler soot discharged initially and the standards for blackness of mist on the nameplates or directions of the boiler products.

  Any boiler dissatisfied with the concentrations of boiler soot discharged initially and the standards for blackness of mist described in paragraph 1 of this Article shall not be manufactured, sold or imported.

  Article 15 Before put into operation or use the newly-built industrial 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.

  Article 16 When an industry district or residence area is newly built in 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.

  Article 17 The relevant departments under the State Council and the local 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

  Article 18 Any project that discharges toxic waste gas or dust shall not 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.

  Article 19 The inflammable gas engendered during industrial production 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.

  Article 20 The burning of asphalt, asphalt felt, rubber, plastics, 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.

  When a fixed smelting furnace is to be used in a building construction of cities and towns, sealing measures shall betaken.

  Article 21 In the transportation, loading and unloading, and storage of 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.

  Article 22 Motorized vehicles and vessels shall not be permitted to 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.

  Article 23 The environment protection department of the people's 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.

  The administrative departments of public security, transportation, 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.

  Article 24 The administrative departments for manufacture and maintenance 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.

  Automobiles that discharge pollutants in excess of the national discharge standards shall not permitted to be manufactured, sold or imported.

  Chapter V Legal Liability

  Article 25 A fine, which shall be imposed of according to the provisions 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:

  (1) those who refuse to report or submit a false report on items for which 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;

  (2) those who dismantle or leave idle the installations for the prevention 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;

  (3) those who refuse an on-the-spot inspection by the competent 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;

  (4) those who without authorization burn asphalt, asphalt felt, rubber, 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;

  (5) those who fail to pay the fee for excessive discharge of pollutants according to the state provisions shall be imposed of a fine ranging from 1000 to 10000 yuan.

  Article 26 A fine, which shall be imposed of according to the provisions 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:

  (1) When a construction project is put into operation or used in 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;

  (2) When a construction project is put into operation or used in 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.

  Article 27 According to the provisions of paragraph 1 in Article 33 of 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.

  Article 28 A fine, which shall be imposed of according to the provisions 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:

  (1) those enterprises or institutions which cause an atmospheric pollution accident shall be imposed of a fine ranging from 10000 to 50000 yuan;

  (2) those which cause a substantial economic loss shall be fined on the basis of 30 percent of the direct loss but not exceeding 200000 yuan.

  Article 29 The environment protection department of the people's 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.

  The environment protection department of the people's government of 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.

  The environment protection department of the people's government of provinces, autonomous regions or municipalities directly under the Central government may impose a fine not more than 200000 yuan.

  All the fine amount shall be handed over to the state treasury, and no unit or individual shall hold back.

  Article 30 The units or individuals that pay the fee for excessive 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

  Article 31 The relevant departments under the State Council and the 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.

  Article 32 The environment protection department under the State Council shall be responsible for explanations to these Rules.

  Article 33 These Rules shall be implemented as of the date of July 1, 1991.

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