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 Article 2 The environment referred to in these Regulations means the whole of natural and artificially transformed natural physical elements, 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 Article 6 A citizen has the right to enjoy good environment and the obligation to protect the environment. Every unit and individual Article 7 The municipal, district and county people’s governments shall commend or reward any unit or individual person that has made 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 The municipal, district and county people’s governments shall each make an annual work report on the environmental protection The township and town people’s government shall be responsible for the environmental protection within their respective The sub-district office shall be responsible for the environmental protection in the region as authorized by the related district Article 9 The Municipal Environmental Protection Bureau (hereinafter called “MEPB”) is the administrative department of the Municipal The district or county environmental protection bureau (hereinafter called “DCEPB”) is the administrative department 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 2. To draw up the municipal environmental protection program and plan, and to participate in the formulation of the national 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 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; 7. To organize researches in environmental science and important environmental projects, to spread advanced experience 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 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 5. To popularize scientific knowledge of environmental protection and spread advanced technology for environmental protection; 6. To investigate and settle pollutant accidents and disputes. Article 12 Administrations of public security, transportation, railway, civil aviation, ocean, harbor superintendency, fishery and Every administrative department responsible for land, agriculture, gardening, environmental sanitation, water conservancy, Every relevant administrative department of the municipality, district and county shall assist MEPB and DCEPB with the enforcement 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 The environmental protection program drawn up by MEPB or DCEPB shall be submitted to the people’s government at the same level Article 14 MEPB shall, jointly with the relevant departments and according to the Shanghai City’s overall planning and the areas Article 15 Varied ways shall be explored to hear public opinions on the formulation of the environmental protection program or on Article 16 The Municipal People’s Government shall, according to the state quantitative check index for comprehensive environmental Article 17 The city’s industrial layout shall, in accordance with the requirements of the city’s (township’s or town’s) planning, industrial 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 3. A new industrial project to be built shall be located in the industrial area fixed by the planning, and the pollutants 4. Paper-making, electroplating, leather-working, printing and dyeing, and other industrial projects with serious pollution must Article 18 The municipal, district and county people’s governments shall increase investment every year in water supply, drainage, Article 19 The construction of a development zone shall meet the requirements of an ecological city, in which the functional zones In a city’s development zone, the centralized heat supply system, the pollutant treatment and disposal facilities, the pollutant Article 20 Besides the designated conservation area for water source on the upper reaches of the Huangpu River, the Municipal People’s A conservation area for the sources of drinking water shall set the target of improving water quality, and prohibit or restrict The designation and administration of trans-district or trans-county conservation areas for water sources shall be settled Article 21 The municipal, district and county people’s governments shall strengthen the protection of natural ecological areas, No pollutant project shall be built in the Chongming Dongtan Migratory Birds Protection Area, the Jinshan Sandao Marine Ecological Article 22 People’s governments at all levels shall attach importance to the protection of agricultural environment, and prevent the occurrence People’s governments at all levels shall reinforce water source conservation and administration of waters, and The exploitation and utilization of natural resources such as land, water, minerals, fishery and wildlife, shall be Article 23 Discharging pollutants and dumping refuse into ocean, or undertaking coastal project construction, off-shore oil exploration 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 Article 25 The environmental supervision agencies set up by MEPB and DCEPB shall be responsible for daily supervision of pollutant sources, Article 26 MEPB shall draw up regional environment monitoring norms and technical standards, and jointly with relevant departments, set Environment monitoring agencies under MEPB and DCEPB are responsible for the routine monitoring of environmental factors, the The environment testing data of each department and unit may also be regarded as the basis for supervision on environmental If the party concerned disagrees with the monitoring data, it may apply for a recheck and affirmation to the environment monitoring Article 27 Before the annual World Environment Day (June 5), MEPB shall issue a bulletin on the city’s environmental situation in the previous 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 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 After the completion of a construction project, the pollution prevention and treatment facilities must be subjected to check and Article 30 Any unit or self-employed worker discharging pollutants shall, according to relevant stipulations, declare accurately to If any change needs to be made in the kind, quantity, concentration, mode of discharge or direction of the discharge Article 31 The pollutant discharge by a unit discharging pollutants in the total pollutant discharge control area shall come up to the On the precondition that the improvement of environmental quality in a region is ensured, the unit concerned may transfer part Article 32 A system of pollutant discharge licence shall be adopted in the city. MEPB shall, jointly with relevant departments, determine MEPB or DCEPB shall examine and approve applicant unit for discharging of pollutants and issue the “Pollutant Discharge Licences” Article 33 Any unit or self-employed worker discharging pollutants above the state or municipal standard must pay fees for discharging Fees for discharging pollutants above standard and fees for discharging pollutants shall be managed and used according to the Article 34 In the case of the discharge of pollutants above standard or the total control index, causing severe environmental pollution, The municipal, district and county people’s government shall make a decision on pollutant treatment within a specified Article 35 MEPB or DCEPB and their environment monitoring agencies shall, according to law, exercise on-the-spot supervision The examinee shall report the situation accurately, and provide necessary data and information. No concealment, refusal Article 36 The prevention and control of trans-district or trans-county environmental pollution and destruction shall be settled
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 Any unit or self-employed worker causing environmental pollution and other public nuisance shall adopt a system of responsibility If the pollutant processing facilities fail to operate regularly owing to breakdown or overhaul, the production must be stopped If the pollutant processing facilities are to be dismantled or left idle, a written application must be submitted to MEPB If MEPB or DCEPB fails to make a decision within 20 days from the date of receipt of the written application, an approval is Article 38 Adoption of clean technology featuring energy saving, low consumption, no pollution or minimal pollution, and clean production For the introduction of technology, equipment and construction project from abroad, the requirements of no pollution or minimal Use of any technology or equipment causing severe environmental pollution, which are to be discarded as explicitly ordered 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 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, 2. Unscrupulous discharge of below-standard industrial waste water, domestic sewage, building slurry, livestock and poultry 3. The connection of below-standard sewage pipes to a sewage processing plant or the discharge of below-standard sewage 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 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 2. The use of high-powered loudspeakers that cause noise pollution in public places such as streets, parks, markets and schools, 3. Construction operation during the set time at night affecting the sleep of the residents, except in the case of emergencies, 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; 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 Article 43 A unit or individual person that uses nuclear installations, radioactive isotopes or mineral resources with associated radioactivity 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 Article 45 Transfer of dangerous wastes, radioactive wastes and refuse on the control list of the state and the city from abroad or If there is a special need for the importation of wastes as raw materials, energy source or for recycle, an approval must Transfer of pollutants or production projects that may cause severe pollution to any unit or individual person incapable of Article 46 If a pollution accident or other sudden pollution incident happens, the unit or self-employed worker involved must take emergency If the environment is seriously polluted and the residents’ lives, property and safety are threatened, MEPB or DCEPB must Article 47 A standard for environmental protection technology shall be set up for industrial products likely to cause environmental pollution.
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