Regulations of Shanghai Municipality on the Prevention and Control of Atmospheric Pollution

(Adopted at the 14th Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on July 25, 2014; amended for the first time in accordance with the Decision on Revising Part of This Municipality’s Local Rules adopted at the 42nd Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on December 28, 2017; amended for the second time in accordance with the Decision on Revising the Regulations of Shanghai Municipality on the Prevention and Control of Atmospheric Pollution adopted at the 8th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on December 20, 2018)

Contents

Chapter I General Provisions

Chapter II Supervision and Administration of the Prevention and Control of Atmospheric Pollution

Chapter III Prevention and Control of Pollution Produced by Energy Consumption

Chapter IV Prevention and Control of Pollution from Motor Vehicles and Vessels

Chapter V Prevention and Control of Pollution by Waste Gas, Dust and Fetor

Chapter VI Cooperation in Atmospheric Pollution Prevention and Control in the Yangtze River Delta Region

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter I  General Provisions

Article 1

With a view to preventing and controlling atmospheric pollution, improving the quality of the atmospheric environment of this Municipality, ensuring the health of the public, advancing ecological cultivation, and promoting the sustainable economic and social development, these Regulations are formulated in accordance with the Environmental Protection Law of the People's Republic of China, and the Law of the People’s Republic of China on the Prevention and Control of Atmospheric Pollution, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to the prevention and control of atmospheric pollution within the administrative area of this Municipality.

Article 3

The prevention and control of atmospheric pollution is the common responsibility of the whole society.

The prevention and control of atmospheric pollution in this Municipality abides by the principles of human-orientation, prevention as the main measure in combination with control, joint efforts for treatment, regional cooperation, and liability for damage.

Article 4

The people’s governments at all levels of this Municipality shall strengthen leadership in the protection of the atmospheric environment, incorporate the protection into their national economic and social development plans, make rational plans and adjustment of the urban and rural development and the industrial distribution, guarantee fund input for environmental protection, adopt effective measures for atmospheric pollution prevention and control, make more efforts in ecological protection and pollution control, and conserve and improve the atmospheric environment.

Article 5

The municipal competent administrative department of ecology and environment shall conduct unified supervision and administration of the prevention and control of atmospheric pollution in this Municipality, and take charge of organizing the implementation of these Regulations. The district competent administrative departments of ecology and environment shall conduct specific supervision and administration of the prevention and control of atmospheric pollution within their respective jurisdictions.

The municipal and district administrative departments of development and reform, economy and information technology, planning and resources administration, and transport shall be responsible for adjustment of the energy structure and the industrial structure, optimization of the industrial distribution, and adjustment of the transport structure.

The municipal and district administrative departments of public security, transport, market regulation, construction, and maritime safety shall, pursuant to their respective responsibilities, conduct supervision and regulation on the atmospheric pollution caused by motor vehicles and vessels and non-road mobile machinery.

The municipal and district administrative departments of construction, greening and city appearance, transport, and housing shall, in accordance with their respective functions and duties, conduct supervision and control of the atmospheric pollution from flying dust.

The municipal and district administrative departments of finance, agriculture, education, health, city management & law enforcement, and meteorology shall cooperate in implementing these Regulations within their respective functions and duties.

Article 6

The town/township people’s governments and sub-district offices may, under the guidance of the district ecology and environment department, coordinate in the prevention and control of atmospheric pollution caused by providers of catering, auto repairs, hardware processing, dry cleaning and other auxiliary services to the community.

In case of disputes arising from atmospheric pollutants emitted by the service providers set forth in the preceding Clause, the parties concerned may apply to the town/township people’s government or the sub-district office for mediation.

Article 7

This Municipality shall carry out the responsibility system and assessment system for the atmospheric environmental protection targets. The municipal and district people’s governments shall take the fulfillment of the atmospheric environmental protection targets and tasks as indicators for assessing their relevant departments, the lower-level people’s governments, and persons-in-charge thereof. The assessment results shall be taken as an important indicator for assessing the performance of the government and relevant departments, as well as be made public.

Article 8

Units and individuals that emit atmospheric pollutants shall strengthen internal management, improve their environmental management systems, adopt advanced production technologies and pollution control technologies, and prevent and reduce pollution of the atmospheric environment; if they cause pollution of the atmospheric environment, they shall bear legal liability in accordance with law.

Article 9

This Municipality shall encourage and support the development of relevant industries to protect the atmospheric environment, and encourage investment from social capital in atmospheric pollution prevention and control.

Article 10

This Municipality shall encourage scientific research as well as international and regional cooperation and exchanges in atmospheric environmental protection, encourage the development and utilization of clean energy, and popularize advanced technologies for clean energy and atmospheric pollution prevention and control.

Article 11

This Municipality shall advocate a civilized, economical and green way of consumption and life.

Enterprises, public institutions, social organizations, and individuals shall observe laws and regulations on the prevention and control of atmospheric pollution, fulfill their obligation of protecting the atmospheric environment, and participate in the protection of the atmospheric environment.

The people’s governments at all levels and their relevant departments shall strengthen publicity and popularization of the scientific knowledge of atmospheric environment protection, and build a good trend in this regard. The administrative department of education shall gradually promote education in environmental protection, including the knowledge of atmospheric environmental protection into the content of the school education to cultivate the adolescents’ awareness thereof.

Article 12

Every unit and individual within the administrative area of this Municipality shall have the right to report cases of polluting the atmospheric environment and cases of the ecology and environment department and other relevant departments as well as their employees failing to fulfill their duties in accordance with law.

The municipal ecology and environment department shall publicize a citywide unified informants’ phone number and handle the tip-offs promptly. If a tip-off proves to be true upon investigation, the ecology and environment department shall reward the informant in accordance with relevant provisions.

News media of this Municipality shall publicize the laws and regulations on, and scientific knowledge of, atmospheric environmental protection, and resort to public opinion to supervise illegal acts.

Article 13

The municipal or district people’s governments shall commend and reward units and individuals that make outstanding achievements in the prevention and control of atmospheric pollution and in the protection and improvement of the atmospheric environment.

Chapter II Supervision and Administration of the Prevention and

Control of Atmospheric Pollution

Article 14

The municipal ecology and environment department shall, jointly with relevant departments, organize the formulation of this Municipality’s plan for the prevention and control of atmospheric pollution, and organize the implementation thereof upon approval by the Municipal People’s Government.

The Municipal People’s Government shall formulate the plan and phased targets for the atmospheric environment to meet the standards, take strict measures to control atmospheric pollution, and ensure that this Municipality meets the state standards for atmospheric environmental quality within the prescribed time limit.

Article 15

This Municipality shall, in accordance with the provisions of the State, designate functional areas for atmospheric environmental quality. The municipal ecology and environment department shall, pursuant to the overall city planning, the targets of the environmental protection plan and the requirements of the functional areas for atmospheric environmental quality, put forward this Municipality’s scheme for controlling atmospheric pollution in key areas and fulfilling the targets thereof as well as the division of functions and duties and the deadline to meet the standards, and shall organize the implementation thereof after approval by the Municipal People’s Government.

Article 16

This Municipality shall carry out an administrative system that combines the control of the concentration of the atmospheric pollutant emissions with the control of the total quota for major atmospheric pollutant emissions.

The concentration of pollutants emitted into the atmosphere shall not exceed the state and municipal emission standards.

This Municipality shall, pursuant to the specific measures provided by the State Council, exercise control over the total quota for major atmospheric pollutant emissions. The municipal ecology and environment department shall draw up a list of major atmospheric pollutants in accordance with the state requirements and in the light of the actual circumstances of this Municipality, and shall publish the list upon approval by the Municipal People’s Government.

Article 17

The municipal ecology and environment department shall, pursuant to the State’s control of the total quotas for major atmospheric pollutant emissions in different periods, the capacity of the atmospheric environment, and the social-economic development level, draw up this Municipality’s plan for controlling the total quotas for major atmospheric pollutant emissions in different periods, and shall organize the implementation thereof after approval by the Municipal People’s Government.

The district administrative ecology and environment department shall, in accordance with this Municipality’s plan for the control of the total major atmospheric pollutant emissions and in the light of the actual circumstances of the area under its jurisdiction, draw up the implementation plan for controlling the total major atmospheric pollutant emissions therein and organize the implementation thereof after approval of the district people’s government, and shall report to the municipal ecology and environment department for record.

Article 18

The enterprises and public institutions emitting industrial waste gases or the toxic or hazardous atmospheric pollutants listed in the state catalogue, the production and business units using coal as the heat source for central heating facilities, and other units subject to the pollutant emission license administration shall all apply to the municipal or district ecology and environment department for a license for major atmospheric pollutant emissions (hereinafter referred to as the “pollutant emission permit”) in accordance with national and municipal regulations; without the pollutant emission permit, no major atmospheric pollutants shall be emitted.

Emitting pollutants into the atmosphere shall conform to the standards of atmospheric pollutant emissions and comply with the requirements for controlling the total quota for major atmospheric pollutant emissions. Construction, expansion or reconstruction of a project that emits major atmospheric pollutants shall obtain the total emission quota thereof as required before going through the formalities of environmental protection examination and approval on construction projects. A construction project requiring the application for a pollutant emission permit shall, in accordance with the regulations, obtain one before being entering production.

The conditions for applying for a pollutant emission permit shall be separately formulated by the municipal ecology and environment department in accordance with the provisions of relevant laws and administrative regulations of the State.

Article 19

This Municipality shall encourage the trading of the total quotas for major atmospheric pollutant emissions. The municipal ecology and environment department shall, jointly with relevant administrative departments, explore the establishment of this Municipality’s system for trading the total quotas for major atmospheric pollutant emissions, and improve the trading rules.

Article 20

The administrative departments of development and reform, economy and information technology, and finance may study and formulate relevant policies to levy phased differential electricity prices on units that are subject to, before they correct their serious illegal acts, punishments for their serious illegal acts such as emitting major atmospheric pollutants without an emission permit, emitting major atmospheric pollutants in excess of the standards, or emitting major atmospheric pollutants in excess of the approved total emission quota.

If an electricity supply enterprise charges differential electricity prices as provided for in the preceding Clause, the part of the differential electricity charges shall be kept in a separate account for management before being turned over to the municipal public finance.

Article 21

This Municipality shall strictly control development of the industries that seriously pollute the atmosphere.

When formulating the guiding catalogue of industrial structure adjustment of this Municipality jointly with the municipal development and reform and other relevant administrative departments, the municipal administrative department of economy and information technology shall, in accordance with the atmospheric environmental quality of this municipality, list the industries that seriously pollute the atmosphere in the elimination catalogue.

The relevant municipal departments of economy and information technology, development and reform, planning, land and resources, and ecology and environmental shall optimize the industry distribution gradually, and put the industrial projects that emit atmospheric pollutants in the industrial parks specified in the urban and rural planning. The administrative agency of industrial parks shall improve relevant environmental infrastructure so as to reduce atmospheric pollutant emissions.

Article 22

The ecology and environment department may suspend its examination and approval of the environmental-impact assessment document for an atmosphere-polluting construction project in the region if a town/township or an industrial park has any of the following problems:

1. The emissions of atmospheric pollutants exceed the total emission quota;

2. It fails to complete the task of eliminating high-polluting industries, technologies and equipment in time;

3. It fails to complete the task of atmospheric pollution control in time;

4. The auxiliary environmental infrastructure is incomplete; Or

5. Other cases provided for by the Municipal People’s Government.

If an enterprise group has any of the problems set forth in Item 1, 2 or 3 in the preceding Clause, the ecology and environment department may suspend its examination and approval of the environmental-impact assessment document for the group’s construction project that produces atmospheric pollutants.

Article 23

The municipal administrative department of economy and information technology shall, jointly with relevant municipal administrative departments of development and reform, and ecology and environment, in accordance with the atmospheric pollutant emission standards and in the light of the prescribed city functions, formulate and adjust regularly the catalogue of industries, technologies and equipment to be eliminated from this Municipality’s industrial fields, and the catalogue shall be publicized for implementation upon approval by the Municipal People’s Government.

Industries, technologies or equipment listed in the catalogue in the preceding Clause shall be adjusted or eliminated within a prescribed time limit.

Article 24

A unit that emits pollutants into the atmosphere must ensure that its atmospheric pollutant treatment facilities are in normal service.

If the atmospheric pollutant treatment facilities are not in normal service due to maintenance or a breakdown, the pollutant-emitting unit shall take the measure of limiting or shutting down its production to ensure that the atmospheric pollutant emissions reach the prescribed standards, and shall also report to the district ecology and environment department immediately.

Article 25

Pollutant-emitting units and individuals are encouraged to entrust a third-party institution with the corresponding capabilities to operate their pollutant treatment facilities or conduct pollution control. Units or individuals with no corresponding capabilities to operate the said facilities or conduct pollution control shall entrust a third-party agency to conduct the control. Pollutant-emitting units and individuals shall file their entrustment of a third-party pollution-control agency with the ecology and environment department.

The third-party agency under entrustment shall observe the laws, rules and regulations on environmental protection and the requirements of the relevant technical norms.

Article 26

All units shall strengthen maintenance and repairs of production facilities and pollutant treatment facilities, and take measures to prevent atmospheric pollution accidents.

If a unit emits or may leak poisonous or harmful gas, or emits or may leak gas or gasoloid that contains radioactive substances, and may cause atmospheric pollution accidents, the unit must formulate an emergency response plan in accordance with relevant provisions, and report it to the such departments as ecology and environment, civil defense, etc. for filing. The departments that receive the filing shall strengthen examination and technical guidance over the filing units.

If an atmospheric pollution accident occurs, the relevant unit shall immediately activate the emergency response plan, take effective measures to prevent the deterioration of the harm of the pollution, and report promptly to the ecology and environment department. In emergent cases where human health and safety may be harmed, the municipal or district people’s government shall forthwith make an announcement to the local residents, and take mandatory emergency measures including ordering the pollutant-emitting unit to stop the emissions, closing some roads, and evacuating people who are or may be harmed by the pollution.

Article 27

The municipal ecology and environment department shall, jointly with the municipal meteorological and other relevant departments, formulate an emergency response plan for weathers with heavily polluted air in the environment in accordance with the atmospheric environmental quality, and implement it upon approval of the Municipal People’s Government.

Article 28

In autumn and winter when the weather is prone to heavy pollution, enterprises in this Municipality engaged in high emission industries such as steel, building materials, coking, foundry, electrolytic aluminum and chemicals shall rationally arrange its production and strengthen the prevention and control of atmospheric pollution. The municipal administrative department of economy and information technology shall work with the municipal department of ecology and environment to strengthen the guidance.

Article 29

This Municipality shall establish a graded early-warning and response mechanism for heavily polluted weather.

When heavily polluted weather arises, the Municipal People’s Government shall promptly activate the emergency response plan. It shall release early-warning information to the public, and take corresponding response measures in accordance with different grades of early-warning.

In accordance with the emergency response plan, the relevant departments of ecology and environment, health, and education shall publish public health tips and suggestions via news media in a timely manner, reminding the public to decrease outdoor activities and reduce the outdoor work intensity; the departments of ecology and environment, economy and information technology, construction, transport, greening and city appearance, and public security shall take such emergency response measures as suspending or limiting pollutant-emitting units’ production, stopping the operations liable to produce flying dust, limiting the running of motor vehicles, and prohibiting the setting-off of fireworks and firecrackers, as well as make an announcement to the public, and the relevant units and individuals shall obey and cooperate.

Article 30

The municipal departments of ecology and environment and meteorology shall establish relevant working mechanisms for sharing atmospheric environmental information and meteorological information and for forecast consultation, and they shall jointly release air quality forecasts.

Article 31

The municipal and district ecology and environment department shall be responsible for monitoring the atmospheric environmental quality and for supervising and monitoring the sources of the atmospheric pollution of this Municipality.

The municipal ecology and environment department shall be solely responsible for releasing the information of atmospheric environmental quality of this Municipality. The district ecology and environment department shall release the information of atmospheric environmental quality within its jurisdiction in accordance with the norms.

Article 32

The units ascertained by the ecology and environment department as major units of emitting atmospheric pollutants must be equipped with and use an online device for monitoring atmospheric pollutant emissions, and the device must be incorporated by the ecology and environment department into a unified monitoring network.

As a constituent part of the environmental pollution control facilities, the online monitoring devices shall be kept in normal service.

The data obtained via online monitoring may function as the basis for environmental law enforcement and administration.

Article 33

A unit with any of the following cases shall, as required by the ecology and environment department, publish such information as the name, way, total amount and concentration of its atmospheric pollutant emissions, and the emissions that exceed the limit, as well as the unit’s environmental information such as the construction and operation of pollution prevention and control facilities:

1. being on the list of major units of atmospheric pollutant emissions;

2. emissions of main atmospheric pollutants exceeding the total quota of control;

3. atmospheric pollutant emissions exceeding the limit; or

4. other cases provided by the State or this Municipality.

The ecology and environment department shall publish the list of major pollutant-emitting units and the relevant information on supervision and monitoring.

Article 34

The municipal and district ecology and environment department shall include the information of the enterprises, public institutions and other producers and operators that violate the atmospheric environment law into the enterprise credit information system of this Municipality, and regularly publish the list of such violators.

Chapter III Prevention and Control of Pollution Produced by Energy Consumption

Article 35

The municipal and district people’s governments shall take measures to rationally control the total energy consumption, gradually reduce the overall consumption of coal, improve the energy structure, and popularize the production and utilization of clean energy.

The municipal administrative department of development and reform shall, jointly with the relevant municipal administrative departments, set the target and control measures for overall coal consumption reduction in this Municipality, and implement them upon approval of the Municipal People’s Government. The district people’s governments shall formulate the specific measures for their own administrative areas in accordance with the target for overall coal consumption reduction in this Municipality and organize the implementation thereof.

Article 36

The municipal administrative department of development and reform shall, jointly with the relevant departments, push forward the construction of clean energy in this Municipality, and formulate relevant policies to promote the development of clean energy and the adjustment of the energy structure.

With the exception of coal-fired power plants, no new construction and expansion of installations with heavy-polluting fuels such as coal, heavy oil, residual oil, and petroleum coke (hereinafter referred to as heavy-polluting fuels) shall be conducted in this municipality; the construction of coal-fired power plants shall comply with the relevant provisions of the State and this Municipality.

Except power plant boilers and iron and steel melting furnaces, the current installations firing heavy-pollution fuels shall switch to natural gas, liquefied petroleum gas, electricity or other clean energy within the prescribed time limit. The municipal administrative department of economy and information technology shall formulate a specific promotion plan jointly with the relevant departments.

In the case of installations with heavy-polluting fuels that have not used alternative clean energy yet, supporting facilities for desulphurization, denitration and dust removal must be installed or other measures must be adopted to control the emissions of sulfur dioxide, oxynitride, dust and other pollutants; the fuels shall comply with the relevant compulsory standards and requirements provided for by the State and this Municipality.

Article 37

Oxynitride control measures like low nitrogen combustion shall be adopted for newly-built boilers and furnaces firing natural gas or other clean energy. With regard to boilers and furnaces that have fired natural gas or other clean energy, the technical renovation measure of low nitrogen combustion shall be taken within a prescribed time limit.

Boilers, furnaces and installations such as stoves used by units or used for business are prohibited from emitting easily visible black smoke.

Chapter IV Prevention and Control of Pollution from Motor Vehicles and Vessels

Article 38

No unit or individual shall manufacture, sell or import motor vehicles and non-road mobile machinery that emit atmospheric pollutants in excess of the prescribed emission standards.

The ecology and environment department, jointly with the market regulation department, shall strengthen the supervision and inspection over the compliance of motor vehicles and non-road mobile machinery manufactured and sold in this Municipality with the emission standards.

The customs shall inspect and supervise the pollution emitted by the imported motor vehicles and non-road mobile machinery in accordance with law.

Article 39

No motor vehicle and vessel running or sailing in this Municipality shall emit atmospheric pollutants in excess of the state and municipal emission standards.

The department of public security traffic management shall not issue the license plate to a motor vehicle that emits pollutants in excess of the State and municipal emission standards. The relevant administrative department shall not register the motor vessel that emits pollutants in excess of the prescribed emission standards.

Every motor vehicle in use in this Municipality shall, in accordance with the cycle of safety technical inspections of motor vehicles, take regular tests of exhaust pollution while undergoing the safety technical inspections. Every motor vehicle must pass the inspection before running on the road.

Where a motor vehicle in use fails to take the regular tests of motor vehicle exhaust pollution, or upon test, is found to emit pollutants in excess of the state and municipal emission standards, the department of public security traffic management shall not issue the safety inspection conformity mark.

Any motor vehicle and vessel running or sailing in this Municipality shall not emit easily visible black smoke.

Article 40

The exhaust treating device of a motor vehicle shall be kept in normal service. If the exhaust emission diagnosing system gives a warning or the quality guarantee period of exhaust treating device expires, the vehicle owner shall promptly have the system or the device repaired or replaced to ensure that the vehicle meets the emission standard.

Article 41

Atmospheric pollutants emitted by non-road mobile machinery in this Municipality shall not exceed the state and municipal emission standards.

The Municipal People’s Government may, pursuant to the atmospheric environmental quality of this Municipality, delineate and publish the areas where the use of high emission non-road machinery is prohibited. The municipal ecology and environment department shall, jointly with relevant departments, propose the areas where the use of high emission non-road machinery is prohibited, and publish the proposal upon approval of the Municipal People’s Government.

The owner of non-road machinery shall declare the category, quantity, and place of use of such machinery to the district ecology and environment department, obtain an identification mark and paste it in a prominent position. The declaration and management information of non-road mobile machinery shall be incorporated in the information platform of the municipal ecology and environment department. The specific methods of regulating non-road mobile machinery shall be separately formulated by the municipal ecology and environment department.

Non-road mobile machinery in this Municipality shall not emit easily visible black smoke.

Article 42

A motor vehicle service provider shall, in accordance with the requirements for atmospheric pollution prevention and control and pursuant to the State’s technical specifications, conduct repairs to make motor vehicles in use meet the prescribed emission standards.

An operator that engages in the motor vehicle’s grade-II maintenance, the thorough repair of the engine and the overhaul of the whole vehicle shall be equipped with an exhaust pollutant detector as required.

If a motor vehicle, after undergoing the motor vehicle’s grade-II maintenance, the thorough repair of the engine, the overhaul of the whole vehicle and other services affecting the entire vehicle’s pollutant emissions, is found to emit pollutants in excess of the prescribed emission standards, it shall not be put into service.

If a motor vehicle, after undergoing the maintenance items listed in the preceding Clause, emits pollutants in excess of the prescribed emission standard when it is used normally during the maintenance quality guarantee period, the motor vehicle service provider shall be responsible for maintenance and repair to make the motor vehicle meet the prescribed emission standard.

The administrative department of transport shall strengthen the supervision and administration over motor vehicle service providers.

Article 43

A motor vehicle emission testing agency shall pass the metrology accreditation pursuant to the law, use the emission inspection equipment which has been tested to be qualified in accordance with the law, and connect through a network with the ecology and environment department so as to realize real-time sharing of inspection data. A motor vehicle emission testing agency and its person-in-charge shall be responsible for the authenticity and accuracy of the test data.

A motor vehicle emission testing agency shall conduct inspection pursuant to the test methods and the technical specifications prescribed by the State and this Municipality and provide a truthful test report.

The ecology and environment department and the market supervision and regulation department shall supervise and inspect motor vehicle emission testing agencies on their testing work.

Article 44

The administrative departments of public security traffic management and maritime safety may, jointly with the ecology and environment department, conduct supervisory spot check on pollutant emitted by motor vehicles running on roads and motor vessels sailing on navigable waters. The data obtained from remote sensing monitoring may function as the basis for environmental law enforcement.

The ecology and environment department may carry out supervisory spot check on pollutant emitted by motor vehicles in use where they are parked or repaired.

The owner or driver of a motor vehicle in use shall cooperate in the supervisory spot check by the departments of public security traffic management, maritime safety, and ecology and environment, and shall not refuse or obstruct the check.

Article 45

The municipal authority may impose regional traffic restrictions on high-polluting motor vehicles in accordance with the requirements of atmospheric control. The municipal transport administrative department, jointly with the municipal ecology and environment department and the municipal public security traffic management department, shall propose the restricted scope, areas and time of heavy-polluting motor vehicles, and publish the proposal upon approval of the Municipal People’s Government.

High-polluting road-transport vehicles shall not be used for road transport in this Municipality.

Article 46

Where a motor vehicle in use with pollutant emissions in excess of the prescribed standard is beyond repair, the vehicle owner shall promptly go through the scrapping formalities with the administrative department of public security traffic management, and the vehicle shall be off the road.

Article 47

The municipal departments of transport, ocean, maritime safety, and fishery as well as other departments with supervisory and administrative power shall strengthen supervision and checks over pollutant emissions from motor vessels.

A motor vessel in use emitting pollutants in excess of the prescribed standard shall be ordered by the departments with supervisory and administrative power for maintenance and repair within the prescribed time limit.

The municipal transport administrative department shall, jointly with the relevant departments, push forward the construction of shore-based power supply facilities and low-sulfur oil supply facilities.

Article 48

The municipal market supervision administrative department may, in accordance with the actual situation and jointly with the relevant departments, formulate local quality standards for fuels of vehicles, vessels and non-road mobile machinery that are stricter than the national standards.

The production, import and sale of fuels used in motor vehicles and vessels and non-road mobile machinery in this Municipality must meet the state and municipal quality standards.

If a unit in this Municipality prepares fuels for its own vehicles, vessels, or non-road mobile machinery, the fuels must comply with the state and municipal quality standards.

The departments of market supervision and administration, ecology and environment, and maritime safety shall strengthen supervision and inspection over the quality of fuel oil in this Municipality in accordance with their respective functions and duties, and publish their inspection findings on a regular basis.

Article 49

The municipal and district people’s governments shall give priority to the development of public transport, advocate and encourage the people to use public transport, bicycles, etc. for traveling.

State organs, public institutions, large enterprises, and industries such as public transport and environmental sanitation shall take the lead in popularizing the use of motor vehicles with new energy and clean energy.

Chapter V Prevention and Control of Pollution by Waste Gas, Dust and Fetor

Article 50

This Municipality encourages the production and use of raw materials and products with a low content of volatile organic compounds.

The municipal market supervision and administration department shall, jointly with the municipal ecology and environment department, guide relevant trade associations to publish a catalogue of products with low and high contents of volatile organic compounds on a regular basis.

Products listed in the catalogue of products with a high content of volatile organic compounds shall be marked on their packages or in the instructions.

Article 51

It is forbidden to use products with a high content of volatile organic compounds within environment sensitive areas such as hospitals, schools, and preschool institutions in this Municipality.

This Municipality shall gradually promote the use of products with a low content of volatile organic compounds in key industries such as chemical industry, surface coating, packaging and printing.

Units that use the government’s financial fund shall give priority to purchasing products with a low content of volatile organic compounds in their procurement.

Article 52

The municipal ecology and environment department shall, jointly with the municipal market supervision and administration department, formulate the emission standards and technical specifications for volatile organic compounds in key industries of this Municipality. The relevant units shall formulate operating rules and organize production management in accordance with the provisions on the emission standards and technical specifications for volatile organic compounds.

Crude oil and product oil terminals, crude oil and product oil carriers, oil and gas storage tanks, petrol and gas stations, oil tank trucks, gas tank trucks and the clothing dry-cleaning industry shall equip themselves with recycling devices for volatile organic compounds, and shall keep these devices in normal use.

Production and operation activities that produce waste gas with volatile organic compounds shall be conducted in enclosed space or equipment, and waste gas collecting and treating systems shall be installed and kept in normal service for such activities; with regard to shipbuilding and other production and operation activities that cannot be conducted in enclosed space, effective measures shall be taken to reduce the emissions of volatile organic compounds.

Petrochemical enterprises and other enterprises using organic solvents shall establish a leakage detection and repair system as prescribed by the ecology and environment department, and shall make timely repairs in case of leakage.

In the process of planned maintenance and repairs, petrochemical and chemical enterprises using volatile organic compounds shall, as prescribed by the ecology and environment department, control emissions of volatile organic compounds during the suspending, emptying and cleaning of the production devices.

Article 53

Waste incinerators shall be constructed in conformity with the state and municipal standards and shall pass the acceptance check in accordance with the relevant laws before being put into use.

The operation of waste incinerators shall strictly follow the operating rules to prevent secondary pollution, and atmospheric pollutant emissions from the incinerators shall not exceed the prescribed emission standards and the total emission quota.

Article 54

It is prohibited in this Municipality to burn, in the open air, stalks, dead branches, fallen leaves and other materials that cause smoke dust, or asphalt, asphalt felt, rubber, plastics, garbage, leather, or other substances that produce toxic, harmful gas or gas with fetor or strong peculiar smell.

The town/township people’s governments and sub-district offices shall patrol to supervise acts in violation of the provisions in the preceding Clause within their respective areas.

The municipal departments of development and reform, economy and information technology, agriculture, ecology and environment, and finance shall formulate relevant policies to encourage and guide transformation of the agricultural production mode and efficient comprehensive use of stalks, and the district people’s governments shall push forward the implementation thereof.

Article 55

The construction unit shall include the cost of dust pollution prevention and control in the total cost of the project, and clarify the construction unit’s responsibilities for dust pollution prevention and control in the construction contract.

The construction unit shall conduct the construction in a civilized manner and control dust pollution in accordance with the requirements for dust pollution prevention and control in the construction technical specifications. In the case of a construction project that complies with the conditions prescribed by the municipal construction administrative department, the construction unit shall install flying-dust online-monitoring devices as prescribed, and the installation and operation expenses of such devices shall be listed in the project budget.

Article 56

Tight-closing measures shall be taken for vehicles loading, unloading and transporting materials liable to produce dust pollution. The transport company and individual shall strengthen maintenance of the mechanical tight-closing devices of their vehicles, so as to ensure that the devices function normally and that no materials will leak, scatter or fly during the transport.

Covering measures shall be taken for vessels loading, unloading and transporting materials liable to produce dust pollution.

Article 57

In such places as ports, terminals, freight storage yards, concrete mixing plants and open storehouses which store materials liable to produce dust pollution, such measures as enclosing, covering, tight-closing, etc. shall be taken to prevent and control dust pollution, and such measures shall comply with the following requirements for dust prevention:

1. Conduct hardening treatment of the ground;

2. Have a concrete enclosure wall or a ceiling storage house equipped with spraying or other dust-suppressing measures;

3. Where a conveyor is used, install dust prevention facilities of vacuuming and spraying at the material inputting and unloading places, with such facilities kept in normal service;

4. Delimit special ground for vehicle cleaning at the exit, where transport vehicle washing and cleaning facilities shall be installed; And

5. Demarcate the material areas and the roads, remove the scattered materials in a timely manner, keep the roads clean, and wash the roads in a timely manner.

Article 58

Units and individuals responsible for cleaning roads, squares and other public places shall do the cleaning work in accordance with the requirements for dust pollution prevention and control in the cleaning technical specifications.

Article 59

Planting and plant maintenance shall comply with the requirements for dust pollution prevention and control in the technical specifications for greening construction and maintenance.

Article 60

Covering, greening or paving shall be conducted on the bare land in the following areas in accordance with the provisions of this Article:

1. In the case of bare land within a unit, the greening or paving shall be conducted by the unit;

2. In the case of construction land temporarily not under construction, the covering of the bare land shall be conducted by the construction unit; in the case of construction land being unused for more than three months, the greening or paving shall be conducted by the construction unit; or

3. In the case of bare land along municipal roads and rivers, in public green areas, and other public land, the greening or paving shall be organized and conducted respectively by the administrative departments of transport, water affairs, greening, etc.

Article 61

In densely inhabited areas and other areas that need special protection in accordance with the law, it is prohibited to store, process, manufacture or use substances that produce strong peculiar smell or fetor.

Article 62

A catering service provider shall install and use facilities for treating oil fume purification and peculiar smell and online monitoring devices as prescribed by the municipal ecology and environment department, keep them in normal operation, and shall not have its pollutant emissions such as oil fumes and smoke dust exceeding the prescribed standards.

The catering service provider shall clean and maintain the oil fume purification and peculiar smell treatment facilities on a regular basis and keep the record, so as to prevent pollution caused by oil fumes and peculiar smell to the residential environment in the neighborhood. The ecology and environment department shall conduct supervision and checks over the oil fume emissions and peculiar smell from the catering premises.

No new catering premises shall be set up in the residential buildings in the urban area of this Municipality. In the case of catering premises planned as auxiliary facilities, pollution prevention and control measures such as special flue pipes shall be designed in the construction structure, and the height of the fume emission outlet and its distance from nearby residential buildings, etc. shall comply with the environmental requirements.

The catering premises newly set up within the range prescribed in the preceding Clause shall use clean energy. The catering premises already established shall switch to use clean energy within the time limit prescribed by the Municipal People’s Government.

Article 63

If there are conditions to collect, remove or reduce pollutants in operation activities that produce powder dust or waste gas, the operation unit or individual shall take the corresponding prevention and control measures as prescribed, and shall not make random emissions.

Article 64

This Municipality shall gradually expand the areas where firework and firecracker setting-off is prohibited, or the setting-off time is strictly limited.

Chapter VI Cooperation in Atmospheric Pollution Prevention and Control in the Yangtze River Delta Region

Article 65

The Municipal People’s Government shall, in accordance with relevant state provisions, establish a coordination and cooperation mechanism for atmospheric pollution prevention and control with relevant provinces in the Yangtze River Delta region, and regularly consult with them on important matters of atmospheric pollution prevention and control within the region.

The relevant departments of ecology and environment, development and reform, economy and information technology, planning, land and resources, construction, transport, public transportation traffic management, meteorology, and maritime safety shall establish a communication and coordination mechanism with the relevant departments of the adjacent provinces, cities and counties/districts, take measures to optimize the industrial structure and the planned layout of industries in the Yangtze River Delta region, promote the substitution of clean energy, make an overall plan for the regional transport development, enhance atmospheric environmental information sharing, pollution early warning and joint emergency responses, coordinate in settling cross-area pollution disputes, and realize a coordinated development of the regional economy, society and environment.

Article 66

When formulating the guiding catalogue of industrial structure adjustment and the catalogue of industries, technologies and equipment to be eliminated provided in Articles 21 and 23 of these Regulations, the relevant departments of this Municipality shall give an overall consideration of the coordination with relevant provinces in the Yangtze River Delta region.

Article 67

The Municipal People’s Government shall, jointly with relevant provinces in the Yangtze River Delta region, organize the implementation of motor vehicles’ national emission standards in a timely manner.

The Municipal People’s Government shall, jointly with relevant provinces in the Yangtze River Delta region and in accordance with the requirements for atmospheric pollution prevention and control in the Yangtze River Delta region, study and formulate regional unified standards for replacing and eliminating trucks and coaches, take such measures as vehicle traffic control, and accelerate the elimination of heavy-polluting vehicles.

Article 68

The municipal transport administrative department shall strengthen coordination with the state maritime safety administration and the relevant departments of the related provinces in the Yangtze River delta region, gradually promote the incoming vessels’ use of low sulfur oil and the berthing vessels’ adoption of shore-based power supply in this Municipality.

Article 69

The Municipal People’s Government shall, jointly with relevant provinces in the Yangtze River Delta region, establish a heavy-polluting weather emergency coordination mechanism for the Yangtze River Delta region, announce promptly the relevant information on early warning and emergency response, and may request relevant provinces and cities to take corresponding response measures as needed.

Article 70

The municipal ecology and environment department and other administrative departments shall establish a communication and coordination mechanism jointly with relevant departments of the related provinces in the Yangtze River Delta region, and announce promptly relevant information on major projects to be constructed near the border between provinces and cities that might affect the atmospheric environment of the adjacent province or city.

Article 71

The Municipal People’s Government shall, jointly with relevant provinces in the Yangtze River Delta region, explore the regional coordinative enforcement of law on atmospheric pollution in such fields as prevention and control of pollution from motor vehicles and prohibition of stalk burning in the open.

Article 72

The Municipal People’s Government shall consult with relevant provinces in the Yangtze River Delta region, and share the following environmental information within the Yangtze River Delta region:

1. information of the sources of atmospheric pollution;

2. information of atmospheric environmental quality monitoring;

3. meteorological information;

4. information of testing of motor vehicle emission pollution;

5. information of enterprises’ environmental credit;

6. information of pollution accidents that may cause cross-area atmospheric impact; and

7. other information determined by all parties upon consultation.

Article 73

The municipal ecology and environment department shall strengthen cooperation in scientific research in atmospheric pollution prevention and control with relevant provinces in the Yangtze River Delta, and organize joint scientific research on such major issues as the pollution causes, the pollution source tracking, and the policies, standards and measures for preventing and controlling regional atmospheric pollution, so as to push forward unified standards in such aspects as energy conservation and emission reduction, pollutant emissions, and industry access and elimination.

Chapter VII Legal Liability

Article 74

Any act in violation of these Regulations shall be handled in accordance with the provisions of the relevant laws and administrative regulations if there are such provisions.

Article 75

The ecology and environment department and other relevant administrative departments shall perform their supervisory and administrative duties and responsibilities in accordance with the law; when committing any of the following illegal acts, their persons-in-charge and other persons held directly responsible shall be given disciplinary sanctions by their department or the higher-level competent department; where a violation hereof constitutes a crime, criminal liability shall be pursued in accordance with the law:

1. failure to accept and handle the matters that should be accepted and handled;

2. failure to investigate and punish an illegal act subject to investigation and punishment, thus causing serious damage to public interests;

3. abusing power or engaging in malpractice for personal gains; or

4. sealing up or detaining facilities or equipment of enterprises, public institutions or other producers or operators in violation of the provisions of these Regulations.

Article 76

In the case of emitting major atmospheric pollutants without an emission license or emitting atmospheric pollutants in excess of the approved total emission quota in violation of the provisions of Article 18 of these Regulations, the municipal or district ecology and environment department shall issue an order to make corrections or to reduce or suspend production for rectifications, as well as impose a fine of not less than 100,000 yuan but not more than 1,000,000 yuan; in the serious cases, the municipal or district ecology and environment department shall report it to the people’s government at the same level to issue an order for business suspension or shutdown.

Article 77

Failure to adjust or eliminate industries, technologies or equipment listed in the catalogue of elimination within a prescribed time limit in violation of the provisions of Clause 2 of Article 23 of these Regulations, the municipal or district administrative department of economy and information technology shall report to the people’s government at the same level to order the relevant enterprise to suspend or shut down its business.

Article 78

In case the atmospheric pollutant treatment facilities of a unit, in violation of the provisions of Clause 1 of Article 24 of these Regulations, fail to maintain normal use, the municipal or district ecology and environment department shall order the unit to make corrections or to reduce or suspend production for rectifications as well as impose on it a fine of not less than 100,000 yuan but not more than 1,000,000 yuan; in the serious cases, the aforesaid department may order the unit to suspend or shut down its business upon approval of the competent people’s government.

If a unit, in violation of the provisions of Clause 2 of Article 24 of these Regulations, fails to report promptly in accordance with provisions when its atmospheric pollutants treatment facilities are not in regular service due to maintenance or breakdown, the municipal or district ecology and environment department shall order the unit to make corrections or to reduce or suspend production for rectifications, as well as impose on it a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Article 79

If an entrusted third-party agency, in violation of the provisions of Clause 2 of Article 25 of these Regulations, fails to carry out pollution control in accordance with laws, regulations or relevant technical specifications, or practice fraud in carrying out pollution control, the municipal or district ecology and environment department and other authorities that have the responsibilities for environmental protection and supervision shall order the agency to suspend business for rectifications, as well as impose a fine of not less than 100,000 yuan but not more than 500,000 yuan on the agency, and a fine of not less than 10,000 yuan but not more than 100,000 yuan on the leading persons of the agency. Whoever responsible for the environmental pollution and ecological damage shall bear not only the punishment in accordance with relevant laws and regulations, but also the joint liabilities with other persons responsible for the environmental pollution and ecological damage.

Article 80

In the case of failure to formulate an emergency response plan in violation of the provisions of Clause 2 of Article 26, the municipal or district ecology and environment department shall issue an order for corrections; and in the case of refusal to formulate an emergency response plan, the department may impose a fine of not less than 2,000 yuan but not more than 10,000 yuan on that unit, and suggest that the relevant department give disciplinary sanctions to the person-in-charge and other persons held directly responsible.

Article 81

If a unit refuses, in violation of the provisions of Clause 3 of Article 29 of these Regulations, to take the measures of suspending or reducing production, the municipal or district ecology and environment department shall impose on the unit a fine of not less than 20,000 yuan but not more than 200,000 yuan. If a unit refuses to take measures to control flying dust, the relevant administrative department of construction, traffic, or housing or the city management and law enforcement department, in accordance with their respective responsibilities, shall impose a fine of not less than 10,000 yuan but not more than 100,000 yuan. If a unit refuses to take measures to control its motor vehicles or prohibit firework and firecracker setting-off, the public security organ shall punish it in accordance with relevant regulations.

Article 82

If a unit, in violation of the provisions of Clause 1 or Clause 2 of Article 32 of these Regulations, fails to be equipped with or use an online device for monitoring atmospheric pollutants emissions, or refuses to be included into the unified monitoring network, or fails to maintain the normal operation of the online monitoring devices, the municipal or district ecology and environment department shall order the unit to make corrections, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan. Any unit that refuses to make corrections shall be ordered to suspend production for rectifications.

Article 83

If a unit, in violation of the provisions of Clause 1 of Article 33 of these Regulations, fails to publish environmental information about itself in accordance with the provisions, the municipal or district ecology and environment department shall order the unit to publish its information and impose on it a fine of not less than 20,000 yuan but not more than 200,000 yuan.

Article 84

If a unit, in violation of the provisions of Clause 3 of Article 36 or Clause 4 of Article 62 of these Regulations, continues to use heavy-polluting fuels upon expiration of the time limit prescribed by the Municipal People’s Government, the municipal or district ecology and environment department shall order the unit to demolish the heavy-polluting fuel-fired facilities or shall confiscate them, and shall impose on the unit a fine of not less than 20,000 yuan but not more than 200,000 yuan.

If a unit, in violation of the provisions of Clause 4 of Article 36 of these Regulations, uses fuels that fail to comply with the mandatory standards and requirements provided by the State and this Municipality, the municipal or district ecology and environment department shall order the unit to make corrections, and impose on it unit a fine of not less than one time but not more than three times the value of the products in question.

Article 85

If boilers, furnaces, and facilities such as stoves used by units for production or business emit easily visible black smoke in violation of the provisions of Clause 2 of Article 37 of these Regulations, the municipal or district ecology and environment department shall issue an order for corrections, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.

Article 86

If a motor vehicle running in this Municipality, in violation of the provisions of Clause 1 and 5 of Article 39 of these Regulations, emits atmospheric pollutants in excess of the prescribed emission standards or easily visible black smoke, the department of public security traffic management shall temporarily seize the vehicle travel license, issue an order for repairs, and impose a fine of not less than 200 yuan but not more than 2,000 yuan; if a testing agency with qualifications finds that the repaired vehicle complies with the emission standards, the vehicle travel license shall be returned to the owner.

If a motor vessel sailing in this Municipality, in violation of the provisions of Clause 1 and 5 of Article 39 of these Regulations, emits atmospheric pollutants in excess of the prescribed emission standards or easily visible black smoke, the maritime safety administration shall issue an order for corrections, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan; if the case is serious, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.

Article 87

If a vehicle fails to be sent for maintenance after the vehicle exhaust emission diagnosing system warns, and if a light vehicle runs for a mileage of over 200 kilometers or a heavy vehicle runs for over 24 hours—all these violating the provisions of Article 40 of these Regulations, the ecology and environment department shall issue an order for corrections, and impose a fine of 300 yuan. If the motor vehicle exhaust treating device is demolished without approval, the ecology and environment department shall issue an order for corrections, and impose a fine of 300 yuan.

Article 88

Whoever in this Municipality, in violation of the provisions of Clause 1 or 4 of Article 41 of these Regulations, uses non-road mobile machinery that emits atmospheric pollutants in excess of the prescribed emission standards or emits easily visible black smoke, the municipal and district ecology and environment shall order it/him/her to make corrections and impose a fine of 5,000 yuan.

Whoever, in violation of the provisions of Clause 2 and 3 of Article 41 of these Regulations, uses high-emission non-road mobile machinery in the area where the machinery is prohibited, or fails to attach a non-road mobile machinery identification mark as required, the municipal or district ecology and environment department shall order it/him/her to make corrections and impose a fine of 1,000 yuan for each machine.

Article 89

Whoever, in violation of the provisions of Clause 3 of Article 42 of these Regulations, delivers a motor vehicle after maintenance that still emits pollutants in excess of the prescribed emission standard, the transport administrative department shall handle the case in accordance with relevant laws and regulations.

Article 90

If a motor vehicle emission testing agency, in violation of the provisions of Clause 2 of Article 43 of these Regulations, carries out a test that fails to comply with the prescribed testing methods and technical specifications, and provide fake testing results of motor vehicles, or falsifies the emission testing report, the municipal or district ecology and environment department shall confiscate the agency’s illegal gains and impose on it a fine of not less than 100,000 yuan but not more than 500,000 yuan. In a serious case, the competent department shall disqualify the agency from testing.

Article 91

If the owner or driver of a motor vehicle in use and the operator or navigator of a motor vessel in use, in violation of the provisions of Clause 3 of Article 44 of these Regulations, rejects or obstructs the administrative department of public security traffic management, maritime safety, or ecology and environment in its supervisory spot checks of the exhaust pollution from the motor vehicle or vessel, the aforesaid department shall handle the case in accordance with relevant laws and regulations.

Article 92

Whoever in this Municipality, in violation of the provisions of Clause 2 of Article 45 of these Regulations, operates road transport business with heavy-polluting vehicles, the traffic administrative department shall order him/her to make corrections and may also impose a fine of not less than 200 yuan but not more than 2,000 yuan.

Article 93

Where a motor vehicle in use with pollutant emissions in excess of the prescribed standards and beyond repair runs on the road in violation of the provisions of Article 46 of these Regulations, the administrative department of public security traffic management shall confiscate it and scrap it compulsorily, as well as punish the motor vehicle driver in accordance with the laws.

Article 94

If a unit, in violation of the provisions of Clause 2 of Article 48 of these Regulations, manufactures and sells fuels for vehicles, vessels and non-road mobile machinery that fail to meet the prescribed standards, the market regulation department shall order it to make corrections, confiscate its raw materials, products and illegal gains, as well as impose a fine of not less than one time but not more than three times the value of the products in question. If a unit imports fuels for motor vehicles, motor vessels and non-road mobile machinery that fail to meet the prescribed standards, the customs shall order it to make corrections, confiscate its raw materials, products and illegal gains, as well as impose a fine of not less than one time but not more than three times the value of the products in question. Whoever commits a crime of smuggling shall be punished by the customs in accordance with the laws.

If self-prepared fuels fail, in violation of the provisions of Clause 3 of Article 48 of these Regulations, to comply with the prescribed standards, the departments of ecology and environment and maritime safety shall, in accordance with their respective functions and duties, issue an order for corrections, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Article 95

If a unit conducts operation and management against the emission standards and technical specifications for volatile organic compounds in violation of the provisions of Clause 1 and 5 of Article 52 of these Regulations, the municipal or district ecology and environment department shall order it to make corrections, and may impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.

Failure to be equipped with or use recycling devices for volatile organic compounds properly, or failure to limit production and operation activities that produce waste gas with volatile organic compounds in enclosed space or equipment, or failure to install a waste gas collecting and treating system, or failure to make timely repair as provided for in case of leakage—all these being in violation of the provisions of Clause 2, 3 or 4 of Article 52 of these Regulations, the ecology and environment department shall issue an order for corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; in the case of failure to make corrections, the department may issue an order of suspending production for rectifications.

Article 96

If a unit, in violation of the provisions of Clause 2 of Article 53 of these Regulations, emits atmospheric pollutants from a waste incinerator that exceed the prescribed emission standards or the total emission quota, the municipal or district ecology and environment department shall order the unit to make corrections, or reduce production or suspend production for rectifications, as well as impose a fine of not less than 100,000 yuan but not more than 1,000,000 yuan. In a serious case, the department shall order the unit to suspend its production or close its business upon approval of the competent people’s government.

Article 97

In the case of burning stalks, dead branches, fallen leaves and other materials that cause smoke dust in violation of the provisions of Clause 1 of Article 54 of these Regulations, the ecology and environment department shall issue an order to make corrections, and may impose a fine of not less than 500 yuan but not more than 2,000 yuan; in the case of burning, in the open, asphalt, asphalt felt, rubber, plastics, garbage, leather, or other materials that produce toxic, harmful gas or gas with fetor or strong peculiar smell, the ecology and environment department shall issue an order to make corrections, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan on the responsible unit and a fine of not less than 500 yuan but not more than 2,000 yuan on the responsible individual.

Article 98

If a construction unit, in violation of the provisions of Clause 2 of Article 55 of these Regulations, fails to take effective measures to prevent flying dust, the construction administrative department shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

If no tight-closing measures are taken for transport vehicles, or materials leak, scatter or fly during the transportation in violation of the provisions of Clause 1 of Article 56 of these Regulations, the department of public transportation traffic management, or greening and city appearance shall handle the case in accordance with relevant laws and regulations.

If no covering measures are taken for vessels in violation of the provisions of Clause 2 of Article 56 of these Regulations, the maritime safety administration shall order it to make corrections, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

If no effective measures are taken to prevent and control flying dust at ports, terminals or freight storage yards thereof in violation of the provisions of Article 57 of these Regulations, the transport administrative department shall issue an order for corrections, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; if no effective measures are taken to prevent and control flying dust in open storehouses or other freight storage yards, the ecology and environment department shall issue an order for corrections, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; if no effective measures are taken to prevent and control flying dust in a concrete mixing plant, the construction administrative department shall issue an order for corrections, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Failure to do the cleaning work in accordance with the requirements, or failure to carry out planting and plant maintenance in violation of the provisions of Article 58 and Article 59 of these Regulations, the administrative department of greening and city appearance shall issue an order for corrections, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.

If a unit, in violation of the provisions of Clause 1 of Article 60 of these Regulations, fails to do greening or paving in accordance with the requirements, the ecology and environment department shall order it to make corrections, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.

If a construction unit, in violation of the provisions of Clause 2 of Article 60 of these Regulations, fails to conduct covering, greening or paving in accordance with the provisions, the construction administrative department shall order the unit to make corrections and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan. If the unit refuses to make corrections, the department shall order it to shut down production for rectifications.

If a unit violates the provisions of Clauses 1 to 4 of this Article, and refuses to make corrections, the relevant administrative department shall order it to shut down its production or business for rectifications. If a unit violates the provisions of Clauses 5 and 6 of this Article, and seriously pollutes the atmospheric environment, the relevant administrative department shall impose a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Article 99

If a unit or individual, in violation of the provisions of Article 61 of these Regulations, stores, processes, manufactures or uses substances that produce strong peculiar smell or fetor in densely inhabited areas or other areas that need special protection, thus causing pollution to the surrounding environment, the municipal or district ecology and environment department shall  order it/him/her to make corrections as well as impose on the unit a fine of not less than 10,000 yuan but not more than 100,000 yuan, or impose on the individual a fine of not less than 500 yuan but not more than 2,000 yuan.

If a catering service provider, in violation of the provisions of Clause 1 and 2 of Article 62 of these Regulations, fails to be equipped with facilities for oil fume purification and peculiar smell treatment or to install online monitoring devices, or fails to keep the aforesaid facilities in normal operation, or fails to clean and maintain the facilities for oil fume purification and peculiar smell treatment on a regular basis and keep the record, then the municipal or district ecology and environment department shall order the provider to make corrections and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan. Whoever refuses to make corrections shall be ordered to suspend business for rectifications.

Article 100

If an operation unit or individual, in violation of the provisions of Article 63, makes random emissions of powder dust or waste gas, the municipal or district ecology and environment department shall order it/him/her to make corrections; if it/he/she refuses to make corrections, the department shall impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.

Article 101

If a lessor provides production and business premises for a unit or individual that emits atmospheric pollutants, it/he/she shall cooperate with the ecology and environment department in law enforcement inspections of possible violations of the provisions of these Regulations, and shall provide relevant information of the lessee. If the lessor refuses to cooperate, the ecology and environment department shall impose a fine of not less than 2,000 yuan but not more than 20,000 yuan.

Article 102

If an enterprise, public institution or other producer or operator in violation hereof, with the exception of the cases provided in Articles 29, 33 and 62, is subject to the sanction of a fine and an order for corrections, and refuses to make the corrections, the administrative department that made the decision of the sanction in accordance with the laws may order a consecutive day-by-day punishment in accordance with the original amount of the fine starting on the day after issuing the order for corrections.

Article 103

If the municipal or district people’s government or the ecology and environment department makes a decision to order a pollutant-emitting unit to suspend or shut down its production, the power supplier shall cooperate and stop power supply for the said unit.

Article 104

If a pollutant-emitting unit has an accident of environmental pollution in violation hereof, or violates the provisions of Clause 2 of Article 16, Clause 1 and 2 of Article 18, or Clause 3 of Article 29 thereof, the ecology and environment department and other relevant departments may, in addition to punishing the unit, impose a fine of less than 50% of the income obtained from the unit in the previous year on the person-in-charge and other persons held directly responsible of the unit; if the income is difficult to identify, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.

Article 105

If an enterprise, a public institution or other producer or operator illegally emits atmospheric pollutants, which causes or might cause serious pollution, the ecology and environment department may seal up or seize the facilities and equipment that cause pollutant emissions.

Article 106

Whoever emits atmospheric pollutants to constitute a crime in violation the provisions of these Regulations shall be prosecuted for criminal liability in accordance with the laws.

The departments of ecology and environment and public security shall establish and strengthen a mechanism linking administrative law enforcement and criminal justice concerning atmospheric pollution cases.

Article 107

If atmospheric environmental pollution causes harm, the relevant person or unit shall bear tort liability in accordance with relevant provisions of the Law of the People’s Republic of China on Tort Liability.

If an act of polluting the atmospheric environment harms the social public interests, a social organization qualified with the provisions of state laws may bring a lawsuit to the people’s court in accordance with the laws.

Article 108

If a party concerned disagrees with a specific administrative decision of the ecology and environment department or other relevant administrative departments, the party may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the provisions of the Law of the People’s Republic of China on Administrative Reconsideration and the Administrative Litigation Law of the People’s Republic of China.

If the party concerned neither applies for reconsideration or brings a lawsuit, nor performs the specific administrative decision within the statutory time period, the administrative department that makes the specific administrative decision may move the people’s court for coercive enforcement or to perform the coercive enforcement itself in accordance with the laws.

Chapter VIII Supplementary Provisions

Article 109

These Regulations shall be effective as of October 1, 2014. Procedures of Shanghai Municipality on the Implementation of the Law of the People’s Republic of China on the Prevention and Control of Atmospheric Pollution adopted at the 29th Session of the Standing Committee of the 11th Shanghai Municipal People’s Congress on July 13, 2001 shall be repealed simultaneously.