Regulations of Shanghai Municipality on Environmental Protection

 2018-05-24  45


Regulations of Shanghai Municipality on Environmental Protection


· Document Number:Announcement No.43 of the Standing Committee of the Shanghai Municipal People's Congress

· Area of Law: Environmental Protection

· Level of Authority: Provincial Local Regulations

· Date issued:12-22-2011

· Effective Date:05-01-2006

· Status: Revised

· Issuing Authority: Shanghai Municipality People's Congress (incl. Standing Committee)

 

Regulations of Shanghai Municipality on Environmental Protection
(Adopted at the 14th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on December 8, 1994, shall become effective on May 1, 1995; amended for the first time in accordance with the Decision on Revising the Regulations of Shanghai Municipality on Environmental Protection made at the 36th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on May 27, 1997, issued on June 9, 1997, become effective on July 1, 1997; amended for the second time at the 23rd Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on October 28, 2005 by the Announcement No.54 of the Standing Committee of the Shanghai Municipal People's Congress; and amended for the third time at the 31st Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on December 22, 2011 by the Announcement No.43 of the Standing Committee of the Shanghai Municipal People's Congress, become effective on February 1, 2012, in accordance with the Decision of the Standing Committee of the People's Congress of Shanghai Municipality on Amending Certain Local Regulations)
Chapter I General Provisions
Article 1 With a view to protecting and improving the environment of this Municipality, safeguarding the physical health of residents of the city, and promoting sustainable economic and social development, these Regulations are formulated in accordance with the Environmental Protection Law of the People's Republic of China and other relevant laws and administrative regulations, and in the light of the actual conditions of this Municipality.
Article 2 These Regulations shall apply to environmental protection and related administrative activities within the administrative area of this Municipality.
Article 3 This Municipality shall adhere to the policy of laying equal stress on environmental protection and on economic and social development, make balanced decisions on environment and development, and promote the development of a recycle economy, so as to achieve the unity of economic, social and environmental benefits.
Article 4 The people's governments at all levels in this Municipality shall be responsible for the environmental quality within their respective administrative areas and practice the system of the chief administrative officer assuming the responsibility for environmental protection. Each government shall, according to the environmental protection planning, set its target and formulate its annual implementation plan for environmental protection during its term of office, and ensure that a specified amount of financial funds shall be invested in environmental protection work.
The people's governments at all levels shall report on an annual basis to the people's congresses or their standing committees of the same level on the work of environmental protection and the progress in the fulfillment of the environmental protection target during their respective term of office.
Sub-district administrative offices shall carry out related environmental protection work within the areas of their jurisdiction as required by the district/county people's governments of their localities.
Article 5 The Municipal Environmental Protection Bureau (hereinafter referred to as MEPB), as the competent administrative department for environmental protection in this Municipality, shall exercise unified supervision and control over environmental protection in the whole Municipality, and take charge of the organization of the implementation of these Regulations. Competent district/county administrative departments for environmental protection (hereinafter referred to as DCDEP) shall exercise unified supervision and control over environmental protection in their respective administrative areas and, at the same time, subject themselves to the leadership of the MEPB in professional work.
The environmental supervision agencies under the MEPB and DCDEPs (hereinafter jointly referred to as EPD) shall be responsible for the supervision and inspection of environmental protection within their respective administrative areas, investigate and propose handling suggestions for environmental pollution accidents and disputes, and take charge of levying pollutant-discharge fees. The EPDs may, within the scope of their statutory authority, entrust environmental supervision agencies under them to mete out administrative penalties.
The EPDs shall institute a system of reporting and accusation against offences and make public their telephone numbers for complaints. The EPDs shall handle those reports and accusations that fall within the scope of their functions and duties according to law; in case of reports and accusations that fall within the scope of the functions and duties of other administrative departments, they shall be referred to related departments for handling as required and the parties concerned shall be notified thereof.
Article 6 The MEPB shall strengthen its supervision over the DCDEPs. Where the DCDEPs grant administrative licenses, mete out administrative penalties or make other decisions in violation of law, the MEPB shall order them to make corrections; in case of failure of the DCDEPs to handle matters that should be dealt with according to law, the MEPB shall order them to make corrections.
Article 7 Departments of public security, transportation, harbor, ocean, maritime affairs, fishing administration, railway, and civil aviation shall, according to relevant laws and regulations, exercise supervision and control over the prevention and control of environmental pollution.
Other related administrative departments in this Municipality shall, according to their respective functions and duties, implement in coordination these Regulations.
Article 8 All units and individuals have the right to enjoy a healthy environment, the right to report and make accusations about any acts that pollute or damage the environment, and, in case they are directly endangered by environmental pollution, the right to demand the removal of the danger and claim compensations for the losses .
All units and individuals have the duty to protect the environment.
Article 9 The people's governments at all levels shall commend or reward those units and individuals that have achieved outstanding results in protecting and improving the environment.
Chapter II Planning, Zoning and Standards
Article 10 The MEPB shall, in conjunction with related departments in this Municipality, organize the formulation of the municipal environmental protection planning and related specialized environmental protection planning and submit them to the Municipal People's Government for approval.
The DCDEPs shall, in conjunction with related departments, formulate district/county environmental protection planning according to the municipal environmental protection planning and related specialized environmental protection planning and in the light of the actual conditions of their own district/county, and submit them to the district/county people's governments for approval; the district/county people's governments shall solicit the opinion of the MEPB before granting their approval.
The environmental protection planning shall be incorporated into the municipal and district/county national economic and social development plan and the overall urban planning.
The EPDs shall, in conjunction with related departments, organize the implementation of the environmental protection planning and related specialized environmental protection planning as approved.
Article 11 The MEPB shall, in conjunction with related departments, draw up environmental functional zoning plans for surface waters, atmospheric environmental quality, and noises in urban areas in this Municipality, according to the overall urban planning and the national environmental quality standards, and promulgate them for implementation subject to their submission to and approval by the Municipal People's Government.
Article 12 The planning formulated for land use, regional development and construction and other fields and the adjustment made to the layout and the industrial structure of the city by the administrative departments for development and reform, planning and other related fields shall meet the requirements set in the environmental functional zoning plans.
Regional development and construction projects organized by the people's governments at all levels and other related departments shall meet the requirements set in the environmental functional zoning plans. Those construction projects that do not meet the requirements set in the environmental functional zoning plans may not be approved for implementation; in areas where the environmental quality does not meet the requirements set in the environmental functional zoning plans, comprehensive rectification of the regional environment shall be carried out.
Article 13 The Municipal People's Government may, in the light of the actual conditions of this Municipality, formulate local standards for those items that have not been covered by the national environmental quality standards and the national pollutant discharge standards; for those items that have already been covered by the national pollutant discharge standards, stricter local pollutant discharge standards may be formulated than the national ones, unless otherwise provided by laws or administrative regulations.
Chapter III Environmental Supervision and Control
Article 14 This Municipality shall implement the system of controlling the total amount of major water and atmospheric pollutants discharged.
The MEPB shall, on the basis of the total discharge amount of major water and atmospheric pollutants in different periods as ratified by the State for this Municipality, the environmental capacity and the level of economic and social development, formulate a control plan for the total amount of major water and atmospheric pollutants discharged in this Municipality and organize its implementation upon its submission to and approval by the Municipal People's Government. The MEPB may, according to the need of environmental protection in this Municipality, formulate control plans for the total discharge amount of other major pollutants that has not been prescribed by the State and organize their implementation upon their submission to and approval by the Municipal People's Government.
The DCDEPs shall, according to the total discharge amount control plan for major water and atmospheric pollutants in this Municipality and in the light of the actual conditions of their respective administrative areas, formulate implementation programs for controlling the total discharge amount of major water and atmospheric pollutants in their own areas, organize their implementation upon their approval by the district/county people's governments and file them with the MEPB within 15 days after the approval.
The pollutants discharged by pollutant-discharging units in the areas where the total discharge amount of pollutants is controlled shall meet prescribed discharge standards and the target of total amount control.
Article 15 A pollutant-discharging unit shall, according to relevant provisions of the State and this Municipality, perform declaration and registration formalities for discharged pollutants with the MEPB or the DCDEPs, including the type, quantity and concentration of the discharged pollutants and facilities for their treatment, and provide relevant technical data for pollution prevention and control.
In case of any major change in the type, quantity, concentration or discharge mode of discharged pollutants, the pollutant-discharging unit shall, within 15 days before such a change, perform formalities for modifications of declaration and registration with the original handling EPD.
Article 16 Discharge of major pollutants shall be licensed in this Municipality.
A unit that discharges major pollutants shall, according to the provisions of the State and this Municipality, apply to the MEPB or the DCDEP for a pollutant discharge license and discharge major pollutants as prescribed by the pollutant discharge license. No unit may discharge major pollutants without a discharge license.
Relevant provisions of the State and this Municipality shall govern the specific scope of pollutant discharge licensing and the procedures for approval and issuance of such licenses. Among other things, the Municipal People's Government and district/county people's governments may entrust the EPD of the same levels to approve and issue pollutant discharge licenses for major atmospheric pollutants.
The pollutant-discharging licenses shall specify the types and quantity of major pollutants that are allowed to be discharged, the pollutant-discharge standards and conditions to be applied, and the requirements for pollution control.
Article 17 A pollutant-discharging unit that discharges water pollutants, atmospheric pollutants, solid wastes or environmental noise in excess of the discharge standards of the State or this Municipality or causes serious pollution to the environment shall be required to rectify within a prescribed period in this Municipality.
Suggestions on rectification within a prescribed period shall be made by the MEPB or the DCDEP and submitted to the people's government at the same level for a decision. However, the decision on rectification within a prescribed period by a unit that discharges solid wastes shall be made by the MEPB or the DCDEP.
The prescribed period for rectification shall be determined in the light of the features of the industrial process of the pollutant-discharging unit and the requirements for pollution control and may not exceed a maximum of 12 months, unless otherwise provided by laws or regulations.
During the rectification period, the pollutant-discharging unit shall take such measures as limiting or stopping production to ensure that the discharge of pollutants meets the discharge requirements as set in the decision on the rectification within a prescribed period.
Upon the expiration of the prescribed period for rectification, the EPD shall check and verify the rectification result of the pollutant-discharging unit.
Article 18 Environmental impact appraisals shall be conducted, according to relevant provisions of the State and this Municipality, on construction projects that are included in the State list of construction projects for categorized administration of environmental impact appraisals and the supplementary list of this Municipality (hereinafter referred to as construction projects).
The EPDs shall, according to laws, rules, regulations, and related provisions on technical norms for environmental impact appraisals, examine the environmental impact appraisal documents, and make examination and approval decisions according to law. Where laws, rules, regulations, and relevant technical norms for environmental impact appraisals do not provide for specific contents in the environmental impact appraisal documents, the EPDs shall organize experts to assess such contents and make an examination and approval decision within a prescribed time limit.
When examining and approving the environmental impact appraisal documents of large and medium-sized construction projects, the EPDs shall solicit opinions in a variety of forms.
Article 19 When building, renovating or expanding a construction project, the construction unit shall build environmental protection facilities according to the requirements of the environmental impact appraisal document and the examination and approval decision of the EPD and ensure that they are designed, constructed and put into production or use at the same time as the principal works of the project.
When building, renovating or expanding a construction project, the construction unit shall at the same time control the existing pollution source related to the construction project built, renovated or expanded.
Article 20 Where there is a proven need for a construction project to conduct trial production or operation, the construction unit shall apply to the EPD that originally examined and approved the environmental impact appraisal document for such purposes. The EPD shall, on the basis of the implementation status of the environmental protection measures specified in the examination and approval decision on the environmental impact appraisal document, make an examination and approval decision within 20 days from the date of receiving the application for trial production or operation of the construction project and notify the applicant thereof in writing; in case of refusal of the application, the reason therefor shall be stated.
The principal project may not go into load operation until the construction project begins trial production or operation with approval.
During the trial production or operation of the construction project, the supporting environmental protection facilities shall be put into trial operation at the same time as the principal project, and the pollutants discharged shall meet the requirements specified in the examination and approval decision of the EPB on the trial production or operation.
Before the period of trial production or operation of the construction project runs out, the construction unit shall apply to the EPD that originally examined and approved the environmental impact document for acceptance of the completed environmental protection facilities of the construction project.
Article 21 Upon the completion of a construction project, the construction unit shall apply to the EPD for acceptance of the completed environmental protection facilities. The principal project may not be officially put into production or use if the environmental protection facilities are not checked before acceptance or fail to pass the acceptance check.
Should the production load of the construction project fail to meet the requirements for acceptance when the period of its trial production or operation runs out, initial acceptance checks of the environmental protection facilities may be conducted on the basis of the actual production load with the approval of the EPD that originally examined and approved the environmental impact document of the construction project. The construction unit shall apply for an official acceptance check of the environmental protection facilities after the production of the construction project reaches the prescribed load.
The acceptance check of environmental protection facilities shall be carried out according to relevant provisions of the State and this Municipality. During the stage of the acceptance check of the completed construction project, the EPD shall monitor the discharge of pollutants from the construction project; if found to be not up to the mark as a result of the monitoring process , the construction project may not be accepted.
Article 22 The MEPB shall, according to the technical requirements of the State for environmental monitoring, organize the formulation of technical norms of this Municipality for environmental monitoring on a unified basis.
A specialized environmental monitoring agency shall conduct environmental monitoring according to the technical norms of the State and this Municipality for environmental monitoring, assure the accuracy of the monitoring data, and assume responsibility for the monitoring data and findings.
The parties concerned who have objections to the monitoring data relating to a specific administrative act furnished by an environmental monitoring agency established by the DCDEP or other specialized environmental monitoring agency may submit an application for a re-check to an environmental monitoring agency established by the MEPB, which shall furnish the re-check opinion within 30 days; in special cases, the period for furnishing the re-check opinion may be extended for another 30 days.
The parties concerned who have objections to the monitoring data furnished by an environmental monitoring agency established by the MEPB may apply to an environmental monitoring agency established by the competent administrative department of the State for environmental protection for a re-check.
If the re-checked monitoring result is the same as the original one, the expenses of the re-check shall be borne by the applicant; in case of inconsistencies between the re-checked monitoring result and the original one, the expenses of the re-check shall be borne by the unit that furnished the monitoring data.
Article 23 This Municipality shall adopt an environmental safety licensing system for microbial agents used for environmental pollution control and ecological environment protection.
Supplier unit of microbial agents used for environmental pollution control and ecological environment protection shall apply to the MEPB for environmental safety licenses for the use of microbial agents and submit the following materials:
1. An environmental safety appraisal statement issued by an environmental safety appraisal agency;
2. Proofs that related personnel of the supplier unit have professional knowledge of the application of microbiological technology and safety knowledge;
3. A letter of undertaking to direct the user unit to adopt safety control measures; and
4. Environmental safety control measures and contingency plans for handling accidents in the use of microbial agents.
The MEPB shall, within 20 days from the date of receiving the application, organize experts to assess such an application, and make an examination and approval decision within 20 days according to the assessment opinion; in case of refusal of the application, the reasons therefor shall be stated. In case the MEPB is unable to make an examination and approval decision within 20 days, the time limit for making the examination and approval decision may be extended for 10 days, subject to the approval of its chief responsible official, and the applicant shall be notified of the reason for such an extension.
Article 24 The EPDs and their environmental supervision agencies may, according to law, conduct on-the-spot inspections of pollutant-discharging units within areas under their jurisdiction.
When conducting on-the-spot inspections, the inspectors may take such measures as on-the-spot monitoring, sample-taking, examining relevant materials, or seizing temporarily or sealing up polluting facilities or Articles according to the provisions of Article 25 of these Regulations. The inspectors shall produce their IDs when conducting on-the-spot inspections.
The inspected unit shall state the facts as they are and provide necessary materials, and may not conceal the truth, or refuse or obstruct the inspection.
The inspectors shall keep the trade secrets of the inspected unit.
Article 25 The EPD may detain temporarily or seal up relevant facilities or Articles in case where:
1. The party concerned illegally move or dispose radioactive sources or dangerous wastes; or
2. The evidence may be lost or moved if they are not detained temporarily or sealed up on the spot once the serious environmental pollution is caused or may be caused.
Where relevant facilities or Articles are detained temporarily or sealed up, the EPD shall make a written decision, and produce a list of facilities or Articles detained temporarily or sealed up and ask the party concerned to sign for it. The party concerned is not on the spot or refuses to sign for it, the inspectors shall make a note in the list of facilities or Articles detained temporarily or sealed up.
The period for detaining temporarily or sealing up facilities or Articles by the EPD may not be more than 20 days; in case of a complicated circumstance, the period may be prolonged for another 20 days after approval of the chief responsible person of the EPD. The facilities or Articles detained temporarily or sealed up shall be well kept and may not be used or damaged. The EPD shall make a handling decision within the period for detaining temporarily or sealing up facilities or Articles.
Article 26 A pollutant-discharging unit shall take effective measures to prevent the occurrence of environmental pollution accidents.
The municipal and district/county people's governments shall, in the light of the actual circumstances, organize the formulation of contingency plans for environmental emergencies.
Units in which major environmental pollution accidents may occur shall, according to the municipal and district/county contingency plans and in the light of their own actual circumstances formulate their own contingency plans for environmental pollution accidents and file them with the EPDs of their localities. The list of units in which major environmental pollution accidents may occur shall be formulated and made public by the MEPB in conjunction with other related departments.
Upon the occurrence of an environmental pollution accident, the related unit shall lose no time in taking emergency measures and reporting to the joint emergency action agency for contingent public incidents of the district/county people's government or the EPD of its own locality; in case the accident may endanger the life, health and property safety of residents, other units and residents in the neighborhood shall be notified without delay. The municipal and district/county people's governments shall, in the light of the actual circumstances of the pollution accident, adopt corresponding emergency measures, evacuate inhabitants and order the party concerned to stop the activities that have caused the environmental pollution accident.
Article 27 People's governments at all levels shall adopt effective measures to protect the right of the citizens to be informed on environmental matters and to encourage and support the citizens to participate in environmental protection.
Government information relating to environmental protection shall be compiled and made public by the EPDs on a unified basis. The MEPB shall publish an annual bulletin on the state of the environment of this Municipality every year.
The EPDs may make public the names of those pollutant-discharging units that violate laws, rules and regulations relating to environmental protection.
Chapter IV Prevention and Control of Environmental Pollution
Article 28 A pollutant-discharging unit shall, according to the design requirements for environmental protection facilities and the discharge requirements as prescribed by the pollutant-discharge license, formulate operational rules and procedures and ensure the normal operation of the environmental protection facilities.
In case the environmental protection facilities are unable to discharge pollutants up to the standard due to maintenance, breakdown or other reasons, the pollutant-discharging unit shall limit its production or take other measures to ensure that the pollutants discharged are up to the prescribed standard, and report to the DCDEP within 12 hours; if the discharge is still not up to the standard in spite of the measures taken, it shall immediately stop the production and the discharge of pollutants.
It is prohibited to demolish or leave unused environmental protection facilities without authorization. When there is a proven need to demolish or leave unused the environmental protection facilities, pollutant-discharging units that discharge pollutants directly to the environment or discharge Class I water pollutants to centralized urban sewage treatment facilities shall submit an application to the MEPB or the DCDEP for approval within 30 days before any such actions are taken.
The EPD shall make an examination and approval decision within 20 days upon receiving the application; in case of refusal of the application, the reason therefor shall be stated.
Article 29 This Municipality shall encourage pollutant-discharging units to entrust agencies qualified for operating environmental pollution treatment facilities to dispose of pollutants or operate and manage their environmental pollution treatment facilities.
It is prohibited to entrust agencies unqualified for operating environmental pollution treatment facilities to dispose of or treat pollutants. No units or individuals without the necessary qualifications for operating environmental pollution treatment facilities may accept the entrustment to treat pollutants or operate and manage environmental pollution treatment facilities.
Article 30 A pollutant-discharging unit shall, according to the technical norms and standards of the State and this Municipality for environmental protection, set up pollutant-discharging outlets, install discharge-measurement equipment, put up signs and assume responsibility for the discharge of pollutants from its own outlets.
A pollutant-discharging unit shall discharge sewage from the sewage outlets and it is prohibited to discharge sewage from rainwater outlets.
Pollutant-discharge outlets already in place that do not meet the technical norms and standards relating to discharge outlets set by the EPD shall be renovated as required by the EPD.
Article 31 This Municipality shall introduce step by step on-line monitoring of the discharge of pollutants by pollutant-discharging units.
Units that directly discharge pollutants to the environment shall install on-line discharge monitoring equipment as required. The MEPB shall, in conjunction with related departments, formulate separate provisions on the specific scope and administration procedures of on-line monitoring.
Pollutant-discharging units shall ensure the normal operation of the on-line monitoring equipment, and may not remove or damage the on-line monitoring equipment; in case of any breakdown, the pollutant-discharging unit shall immediately report to the EPD.
The on-line monitoring equipment shall be incorporated into the on-line pollutant-discharge information system. Monitoring data obtained from on-line monitoring equipment in normal operation may be used by EPDs as evidence in exercising environmental supervision and control.
Article 32 A pollutant-discharging unit shall keep an environmental management logbook. The environmental management logbook shall record the status of the operation and maintenance of the environmental protection facilities and related major parameters, as well as the status of pollutant-discharge operations and related monitoring data.
In the absence of on-line monitoring of pollutant discharge or with regards to certain pollutants not covered by online monitoring, the pollutant-discharging unit shall, according to the provisions of the MEPB, monitor the environment at regular intervals and submit the monitoring result to the EPD. The monitoring data submitted by the pollutant-discharging unit may be taken by the EPD as reference in exercising environmental supervision and control.
Environmental monitoring agencies established by the EPD may not accept the entrustment of pollutant-discharging units in the areas under their own administrative jurisdiction to provide monitoring services relating to the environmental monitoring report provided in the preceding clause.
Article 33 Pollutant-discharging units that discharge water pollutants directly to the environment or discharge Class I water pollutants to centralized urban sewage treatment facilities may not discharge pollutants that are above the discharge standards of the State and this Municipality. The discharge of Class II water pollutants to centralized urban sewage treatment facilities shall be governed by relevant laws and regulations.
Boats and ships transporting highly toxic chemicals shall be prohibited from entering the Huangpu River and other inland rivers.
Sewage from residential quarters shall be treated by centralized urban sewage treatment facilities in a centralized way. In case the sewage can not be treated by centralized urban sewage treatment facilities due to special circumstances and the pollutant-discharging unit has built sewage treatment facilities of its own, the district/county people's government of its locality shall introduce necessary operational and supervision mechanisms to ensure that the discharge of sewage meets the discharge standards of the State or this Municipality.
A development zone shall treat water pollutants in a centralized way as prescribed, and may not introduce projects causing pollution unless water pollution control facilities are completed or adequate.
Article 34 The sulfur content of fuels, such as coal, diesel oil and heavy oil, used by related units shall meet the sulfur content limit for fuels of this Municipality, with the exception of those units that have already installed desulfurization facilities.
Production enterprises shall be prohibited from discharging dusts and waste gases from production at will.
Departments of construction, public security, maritime affairs and environmental protection shall, according to law, strengthen the supervision and control of dust pollution, exhaust pollution from motor vehicles and vessels and oil fume pollution from catering and service industries.
Article 35 Units and individuals that produce environmental noises shall take effective measures to ensure that such noises meet the discharge standards of the State and this Municipality for environmental noises.
Those who use household appliances decorate houses or hold indoor entertainment activities at home shall take effective measures to lessen and avoid environmental noise pollution caused to neighboring residents.
Except for rush repairs and emergency rescue operations, construction activities causing environmental noise pollution shall be prohibited in the nighttime and during such time periods as specified by the Municipal People's Government. Construction units that have a proven need to carry out construction activities during the nighttime because of such operations as the continuous pouring of concrete shall apply to the DCEPD of their own localities for approval before they start the construction. The DCEPD shall make an examination and approval decision within 3 working days and notify the applicant in writing; in case of refusal of the application, the reason therefor shall be stated. Those construction units with approval to carry out construction during the nighttime shall publicize the contents of the administrative license in a conspicuous place at the construction site.
Article 36 This Municipality encourages and promotes the adoption by enterprises of production processes and equipment that are high in resource utilization ratio and low in the production of pollutants, so as to promote clean production.
This Municipality encourages the recycling of solid wastes as resources, and those solid wastes that can not be recycled shall be deposed of in an environmentally sound manner.
It is prohibited to transport to this Municipality dangerous wastes and solid wastes other than production raw materials from abroad or other provinces and municipalities.
In case there is a proven need to import solid wastes as raw materials from abroad, approval shall be obtained according to the provisions of the State before such solid wastes are brought into this Municipality; in special cases where there is a proven need to transport solid wastes as raw materials from other provinces and municipalities into this Municipality, approval shall be obtained from the MEPB.
The control of pollution caused by medical wastes from medical and health institutions shall be governed by relevant provisions of the State and this Municipality.
Article 37 Those enterprises that produce or sell products or packages listed in the catalogue for mandatory reclamation shall reclaim the products discarded as useless or packages used.
The catalogue of specific products and packages for mandatory reclamation in this Municipality and the specific measures for their reclamation and disposal shall be made public and implemented by the Municipal People's Government.
Article 38 Building materials produced and sold in this Municipality shall meet the control standards of the State for radioactive nuclides in building materials. The production and sale of building materials that do not meet the control standards for radioactive nuclides shall be prohibited.
The quality and technical supervision department and other related departments shall strengthen the supervision and inspection of radioactive pollution from building materials in this Municipality, and make public at regular intervals catalogues of building materials that do not meet the control standards for radioactive nuclides.
Article 39 Units that install facilities or equipment causing electromagnetic radiation pollution shall take effective shielding and protection measures to ensure that the electric field and magnetic field in the environment meet the relevant provisions and protection requirements of the State.
Article 40 The use of reflective materials for exposed walls of buildings in the central district of this Municipality shall be strictly controlled. The use of reflective materials for exposed walls of buildings shall meet relevant provisions of the State and this Municipality.
The use of outdoor lighting equipment shall meet the requirements of technical norms of this Municipality concerning environmental decoration and lighting and may not affect the normal life of neighboring residents. Any one who fails to use outdoor lighting equipment according to the technical norms shall be ordered by the city appearance and sanitation department to make corrections within a prescribed time limit.
Article 41 The municipal and district/county people's governments shall strengthen the administration of drinking water resources, take effective measures to prevent environmental pollution to drinking water sources, and delimit protected areas of drinking water sources on the basis of protection needs. The scope of protected areas of drinking water sources at the municipal level, if already defined by existing regulations of this Municipality, shall be governed by such provisions or, in the absence of such provisions, delimited by the Municipal People's Government. The delimitation plan for the scope of protected areas of drinking water sources at the district/county level shall be proposed by the district/county people's government and submitted to the Municipal People's Government for approval.
Article 42 This Municipality shall prohibit the reclamation and occupation of those natural wetlands included in the list of wetlands of international importance and the list of wetlands of national importance and those located in the natural reserves, and the purpose of the use of wetlands may not be changed without authorization; an environmental impact appraisal and a scientific assessment shall be conducted before the development and exploitation of other wetlands such as mudflats.
Article 43 Related departments in this Municipality shall take effective measures to strengthen the control of pollution from livestock and poultry farming and aquaculture, as well as the supervision and control of the use of chemical fertilizers, pesticides and agricultural film.
Livestock and poultry farmers shall collect, store, use or dispose of the excrement and urine produced from livestock and poultry farming as required. The ecological return of livestock and poultry excrement and urine to farmland by livestock and poultry farms according to the norms shall be deemed to have met the discharge standard.
Agricultural producers shall use chemical fertilizers, pesticides, agricultural film and feed additives in a scientific way, so as to prevent pollution to soil and agricultural and livestock products.
Chapter V Legal Liability
Article 44 Those who, in violation of Clause 2, Article 16 of these Regulations, discharge major pollutants without a pollutant-discharge license, shall be ordered by the MEPB or the DCDEP to stop the production; those who fail to comply with the provisions of the pollutant-discharge license when discharging major pollutants shall be dealt with according to the provisions of relevant laws and regulations by the EPD that issued the pollutant-discharge license.
Article 45 A pollutant-discharging unit that, in violation of Clause 4, Article 17 of these Regulations, discharges pollutants that fail to meet the discharge requirements as set forth in the decision on rectification within a prescribed period shall be ordered by the MEPB or the DCDEP to limit or stop its production, and may be subjected to a fine between not less than 10,000 yuan and not more than 100,000 yuan.
A pollutant-discharging unit that, upon the expiration of a prescribed period for rectification, is found to have failed to accomplish the task of rectification within the prescribed period shall be handled according to the provisions of relevant laws and regulations; In the case of an enterprise that has been ordered by the municipal or district/county people's government to close down, the EPD shall cancel its pollutant-discharge license and related departments shall cancel its relevant licenses and certificates according to law.
Article 46 In case the principal work of a construction project begins load operation without approval, in violation of Clause 2, Article 20 of these Regulations, the EPD that originally examined and approved the environmental impact appraisal document of the construction project shall order it to stop the trial production or operation, and may impose on it a fine between a minimum of 10,000 and a maximum of 100,000 yuan.
In case a construction unit, in violation of Clause 3, Article 20 of these Regulations, fails to meet the pollutant-discharge requirements as set forth in the examination and approval decision on trial production or operation, the MEPB or the DCDEP shall order it to stop the trial production or operation, and may impose on it a fine between not less than 10,000 yuan and not more than 100,000 yuan.
Article 47 Where an environmental monitoring agency, in violation of Clause 2, Article 22 of these Regulations, fails to monitor according to the technical norms for environmental monitoring, resulting in the inaccuracy of the monitoring data, the MEPB or the DCDEP shall order it to make corrections, and may impose on it a fine between not less than 5,000 yuan and not more than 50,000 yuan; in case of fraudulent acts or falsification of data by a specialized environmental monitoring agency, the MEPB or the DCDEP shall impose on it a fine between not less than 50,000 yuan and not more than 200,000 yuan.
Article 48 Where a pollutant-discharging unit has, in violation of Clause 1, Article 26 of these Regulations, caused an environmental pollution accident, the MEPB or the DCDEP shall, according to the provisions of relevant laws and administrative regulations, impose a fine on it; where the direct economic losses are difficult to determine, a fine between not less than 20,000 yuan and not more than 200,000 yuan shall be imposed.
Where a unit, in violation of Clause 3, Article 26 of these Regulations, fails to file its contingency plan for environmental pollution accidents with the EPD, the MEPB or the DCDEP shall order it to make corrections within a prescribed time limit; in case of failure to make the corrections within the prescribed time limit, a notice of criticism shall be circulated.
Where a unit, in violation of Clause 4, Article 26 of these Regulations, fails to report without delay an environmental pollution accident upon its occurrence, the MEPB or the DCDEP shall make its name public.
Article 49 Where a pollutant-discharging unit, in violation of Clauses 1 and 2, Article 28 of these Regulations, fails to formulate operational rules and procedures, to maintain the normal operation of environmental protection facilities or to report the matter without delay as prescribed, the MEPB or the DCDEP shall order it to make corrections within a prescribed time limit and impose on it a fine between not less than 5,000 yuan and not more than 50,000 yuan.
Where a pollutant-discharging unit has, in violation of Clause 3, Article 28 of these Provisions, demolished or left unused the environmental protection facilities without authorization, the MEPB or the DCDEP shall order it to make corrections within a prescribed time limit and impose on it a fine between not less than 10,000 and not more than 50,000 yuan.
Where a pollutant-discharging unit has entrusted an agency without qualifications for operation of environmental pollution treatment facilities to dispose of pollutants, or where a unit or individual without qualifications for operation of environmental pollution treatment facilities has accepted entrustment to dispose of pollutants, in violation of Clause 2, Article 29 of these Regulations, the MEPB or the DCDEP shall order them to make corrections within a prescribed time limit and impose on them a fine between not less than 10,000 and not more than100,000 yuan.
Article 50 Where a pollutant-discharging unit, in violation of Clause 1, Article 30 of these Regulations, fails to set up pollutant-discharge outlets, to install pollutant-measurement equipment or to put up signs according to relevant technical norms and standards for environmental protection, the MEPB or the DCDEP shall order it to make corrections within a prescribed time limit and impose on it a fine between not less than 2,000 and not more than10, 000 yuan.
Where a pollutant-discharging unit has, in violation of Clause 2, Article 30 of these Regulations, discharged sewage from the rainwater outlets, the MEPB or the DCDEP shall order it to make corrections within a prescribed time limit, and may impose on it a fine between not less than 5,000 and not more than 50,000 yuan.
Article 51 Where a pollutant-discharging unit, in violation of Clauses 2 and 3, Article 30 of these Regulations, fails to install on-line monitoring equipment as required or ensure the normal operation of the on-line monitoring equipment, or removed or damaged the on-line monitoring equipment, the MEPB or the DCDEP shall order it to make corrections within a prescribed time limit and impose on it a fine between not less than 10,000 and not more than 50,000 yuan.
Article 52 Where a pollutant-discharging unit, in violation of Article 32 of these Regulations, fails to keep an environmental management logbook or to record the matters concerned, the MEPB or the DCDEP shall order it to make corrections within a prescribed time limit and may impose on it a fine between not less than 1,000 and not more than 5,000 yuan; in case of failure to submit monitoring results as required or provision of false monitoring results, the MEPB or the DCDEP may impose on it a fine between not less than 5,000 and not more than 20,000 yuan;
Article 53 Where a pollutant-discharging unit has, in violation of Clause 1, Article 33 of these Regulations, discharged water pollutants directly to the environment or Class I water pollutants to centralized urban sewage treatment facilities above the discharge standards of the State or this Municipality, and caused serious pollution to the water environment, the MEPB or the DCDEP shall order it to make corrections within a prescribed time limit and impose on it a fine between not less than 10,000 and not more than 100,000 yuan.
Where a boat or ship transporting highly toxic chemicals has, in violation of Clause 2, Article 33 of these Regulations entered the Huangpu River or other inland rivers, the competent administrative department for maritime affairs shall impose on it a fine between not less than 20,000 and not more than 100,000 yuan.
Article 54 Where the fuel used by a unit fails to meet sulfur content limit for fuels of this Municipality in violation of Clause 1, Article 34 of these Regulations, and no desulfurization facilities have been installed, the MEPB or the DCDEP shall order it to make corrections within a prescribed time limit; in case of refusal to make corrections within the prescribed time limit, the MEPB or the DCDEP shall impose on it a fine between not less than 5,000 and not more than 50,000 yuan.
Where a production enterprise has, in violation of Clause 2, Article 34 of these Regulations, discharged at will dusts, or waste gases from production, the MEPB or the DCDEP shall order it to make corrections within a prescribed time limit; in case of refusal to make corrections within the prescribed time limit, the MEPB or the DCDEP shall impose on it a fine between not less than 5,000 and not more than 50,000 yuan.
Article 55Where a unit or individual has, in violation of Clause 3, Article 35 of these Regulations, conducted construction activities within a specified period of time without approval or without complying with the approved requirements, the DCEPD of its locality shall order it to make corrections within a prescribed time limit and impose on it a fine between a minimum of 10,000 and a maximum of 100,000 yuan.
Article 56 Where a unit, in violation of Article 39 of these Regulations, fails to ensure that the electric field and magnetic field in its environment meet the provisions and protection requirements of the State, the MEPB or the DCDEP shall order it to make corrections within a prescribed time limit; in case of refusal to make corrections within the prescribed time limit, the MEPB or the DCDEP shall impose on it a fine between not less than 10,000 and not more than 100,000 yuan.
Article 57 Other acts in violation of the laws and administrative regulations concerning environmental protection shall be handled by EPDs according to the provisions of relevant laws and administrative regulations.
Where the act in violation of the laws and administrative regulations concerning environmental protection constitutes a crime, the criminal liability shall be prosecuted according to law.
Article 58 Where a staff member of EPDs, environmental supervision agencies or other related administrative departments has, in violation of these Regulations, committed any of the following acts, he/she shall be subjected to administrative sanctions by his/her work unit or competent authorities at the higher level; where the wrongful act constitutes a crime, the criminal liability shall be prosecuted according to law:
1. Making a serious mistake in decision-making in violation of laws and regulations concerning environmental protection, causing serious environment pollution;
2. Failure to do his/her best in investigating acts of violation of the environment law or shielding or conniving at enterprises discharging pollutants in violation of law;
3. Failure to perform his/her functions and powers in accordance with law, resulting in serious consequences; or
4. Other acts such as neglecting his/her duties, abusing his/her powers, or engaging in malpractices for personal gains.
Article 59 Where parties concerned object to a specific administrative act of related administrative departments, they may apply for an administrative review or file an administrative action according to the Law of the People's Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People's Republic of China.
Where parties concerned do not apply for an administrative reconsideration of a specific administrative act, or file an administrative action against it, and yet fail to implement the act within the prescribed time limit, the administrative department that has decided on the specific administrative act may apply to the people's court for enforcement.
Chapter VI Supplementary Provision
Article 60 These Regulations shall become effective on May 1, 2006.