Regulations of Shanghai Municipality on Environmental Protection
Regulations of Shanghai Municipality on Environmental Protection
(Adopted at the 14th Session of the Standing Committee of the 10th Shanghai Municipal People’s Congress on December 8, 1994; amended for the first time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on Environmental Protection made at the 36th Session of the Standing Committee of the 10th Shanghai Municipal People’s Congress on May 27, 1997; revised for the first time at the 23rd Session of the Standing Committee of the 12th Shanghai Municipal People’s Congress on October 28, 2005; amended for the second time in accordance with the Decision on Revising Some Local Rules of This Municipality made at the 31st Session of the 13th Shanghai Municipal People’s Congress on December 22, 2011; amended for the third time at the 31st Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on July 29, 2016; amended for the forth 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 )
Contents
Chapter I General Provisions
Chapter II Planning, Zoning and Standards
Chapter III Green Development
Chapter IV Environmental Supervision and Control
Chapter V Prevention and Treatment of Environmental Pollution
Chapter VI Open Information and Public Participation
Chapter VII Legal Liability
Chapter VIII Supplementary Provision
Chapter I General Provisions
Article 1
With a view to protecting and improving the environment, preventing and treating the pollution, safeguarding the health of the public, making efforts to build a sound ecological system, and promoting a green development and life, these Regulations are formulated in accordance with the Environmental Protection Law of the People’s Republic of China and other relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations apply to the environmental protection and its related administrative activities within the administrative area of this Municipality.
The protection of the marine environment shall comply with the laws and regulations on the marine environment protection.
Article 3
The people’s governments at all levels in this Municipality shall be responsible for the environmental quality, the building of a sound ecological system and the protection of the environment within their respective administrative areas, so as to enable the economic and social development to harmonize with the environmental protection. The municipal and district people’s governments shall formulate the target and annual implementation plan for the environmental protection, organize and drive the construction of environmental infrastructure, promote the publicity of environmental information, and make continuous efforts to improve the environmental quality of their own respective administrative areas.
The municipal and district people’s governments shall supervise the relevant administrative departments of the people’s government of the same level and the people’s governments at the next lower level over their environmental protection duty performance and target fulfillment. The environmental protection targets and their fulfillment shall be taken as the content of the assessment for the said administrative departments and people’s governments and their persons responsible. The results of the supervision and the assessment shall be publicized.
This Municipality shall implement the system of leading cadres’ term-end auditing on the natural resource asset as provided by the State.
The people’s governments at all levels shall annually report to the people’s congresses at the same level or their standing committees on the work of the environmental protection and the fulfillment of the environmental protection target during their respective terms of office, but report promptly to the said standing committees on serious environmental events, and subject themselves to a supervision according to law.
Article 4
Enterprises, public institutions and other producers and business operators shall abide by laws and regulations on the environmental protection, prevent and reduce the environmental pollution and ecological destruction, publicize environmental information initiatively according to law, perform the obligation of pollution monitoring and reporting, and bear the liability according to law for the losses caused thereby.
Enterprises, public institutions and other producers and business operators shall transform their production and operation models to protect the environment through such measures as clean production, green way of supply, and recycling of resources.
Article 5
Citizens have the right to obtain environmental information, participate in and supervise the environmental protection, report and watch over the acts of violations of the environment law, and safeguard their own environmental rights and interests by way of environmental tort action according to law.
Citizens shall increase their awareness of the environmental protection, practice a green way of life, and protect the environment initiatively.
Article 6
The municipal competent department for environmental protection (hereinafter referred to as the MEPD) shall exercise a unified supervision and control over the environmental protection in this Municipality, and strengthen the environmental planning, standard formulation and law enforcement. The district competent departments for environmental protection (hereinafter referred to as the DEPDs) shall be responsible for the supervision and control over the environmental protection within their own respective administrative areas according to their respective functions and duties.
The relevant administrative departments of development & reform, economy and informatization, transport, public security, housing and urban-rural development, planning, land and resources, water affairs, agriculture, quality and technical supervision, greening and city appearance, food and drug supervision, city management & administration execution, industry and commerce, and work safety of this Municipality shall be responsible for the ecological environmental protection, pollution prevention and treatment, supervision and administration in their respective fields and industries according to their respective functions and duties, and ensure the fulfillment of the requirements of green development and environmental protection in the formulation and implementation of relevant planning, policies and plans.
Article 7
The town/township people’s governments and the sub-district offices shall, under the leadership of the district environmental protection and other relevant administrative departments, make a comprehensive coordination over the prevention and treatment of the atmosphere, water and noise pollution arising in the neighborhood commercial and living activities within their respective jurisdictions. If finding environmental pollution problems in other production and business operation activities, they shall report to the district environmental protection and other relevant departments in time.
As for a dispute arising in the environmental pollution provided in the preceding clause, the party concerned may apply for arbitration to the town/township people’s government or the sub-district office.
Article 8
This Municipality shall, through economic, financial and technical measures, support and urge the research, development and application of the environmental protection science and technology, encourage the development of the environmental protection industry, strengthen the informatization of the environmental protection, promote the exchange and sharing of the information on the application of the environmental technology, and raise the level of the environmental protection science and technology.
Article 9
The people’s governments at all levels and their relevant departments shall strengthen the publicity and popularity of environmental protection, organize and carry out the publicity of environmental protection laws, regulations and knowledge, increase citizens’ awareness and knowledge level of the environmental protection, and create a favorable atmosphere for the environmental protection.
The education administrative department and schools shall include the environmental protection knowledge into the contents of school education, and cultivate students’ awareness of the environmental protection.
Such media as the press, TV, radio and network shall carry out the publicity of environmental protection laws and regulations and knowledge, and conduct supervisions by public opinions over the acts of violation of the environment law.
Article 10
Those units and individuals that have achieved outstanding results in protecting and improving the environment shall be commended and rewarded according to relevant provisions of the State and this Municipality on appraisal and commendation.
Article 11
The Municipal People’s Government shall, according to relevant provisions of the State, establish a cooperative mechanism for the ecological and environmental protection in the key regions and basins of the Yangtze River Delta jointly with relevant provinces, and periodically discuss on the important matters and events of the regional pollution prevention and treatment and the ecological protection within the region.
The relevant administrative departments of environmental protection, development & reform, economy and informatization, planning, land and resources, housing and urban-rural development, transport, agriculture, public security, water affairs, and meteorology of this Municipality shall establish a communicating and coordinating mechanism with relevant administrative departments of adjacent provinces, cities and counties/districts, take measures to optimize the industrial structure and planning layout of the Yangtze River Delta area, cooperate in advancing the prevention and treatment of the pollution from motor vehicles and vessels, perfect the joint-action and cooperation mechanism for the water pollution prevention and treatment, enhance the sharing of environmental and resource information and the emergency joint-action on the pollution pre-warnings, coordinate in solving cross-border disputes over pollution, and realize a harmonious development of the regional economy, society and environment.
Chapter II Planning, Zoning and Standards
Article 12
The MEPD shall, together with relevant administrative departments of this Municipality, organize the formulation of the municipal environmental protection planning and related specialized environmental protection planning, and then submit them to the Municipal People’s Government for approval.
The DEPDs shall, together with relevant administrative departments, formulate district environmental protection planning according to the municipal environmental protection planning and related specialized environmental protection planning and in the light of the actual circumstances of their own districts, and then submit them to the district people’s governments for approval; the district people’s governments shall solicit the opinion of the MEPDs before granting their approval.
The environmental protection planning shall be incorporated into the municipal and district national economic and social development planning and the urban master plan.
The environmental protection departments shall, together with relevant administrative departments, organize the implementation of the approved environmental protection planning and the related specialized environmental protection planning.
Article 13
The MEPD shall, together with relevant administrative departments, draw up environmental functional zoning plans for surface waters, atmospheric quality, and regional noises in urban areas in this Municipality, according to the urban master plan and the national environmental quality standards, and promulgate them for implementation subject to their submission to and approval by the Municipal People’s Government.
Article 14
The planning formulated for land use, and regional development and construction, and the adjustment made to the urban-development layout and the industrial structure by the development & reform, planning, land and resources, and/or other relevant administrative departments of this Municipality shall meet the requirements set in the environmental functional zoning plans.
Regional development and construction projects organized by the people’s governments at all levels and/or their relevant departments shall meet the requirements set in the environmental functional zoning plans. Those construction projects that do not meet the requirements set in the environmental functional zoning plans shall not be approved for construction.
In areas where the environmental quality does not meet the requirements set in the environmental functional zoning plans or where environmental pollution is serious and cases of violation of the environment law are prominent, the district people’s government shall take such measures as industrial structure adjustment and regional ecological improvement to exercise a comprehensive rectification, while the municipal administrative departments of housing and urban-rural development, environmental protection, and planning, land and resources shall give guidance thereto.
Article 15
When organizing the preparation of the municipal and each district’s master plan and/or the master plan of land use, the municipal and district people’s governments shall, according to the ecological environmental status of their respective administrative areas, set an ecological-protection red line in important ecological functional zones, like drinking water source protection zones, natural reserves, wild animals’ important habitats, important wetland, and zones of sensitive and fragile ecological environment, establish a system of ecological-protection red line, and implement a classified and graded control and strict protection.
The preparation of relevant regulatory plans of this Municipality shall meet the controlling requirements of the ecological-protection red line.
Article 16
The Municipal People’s Government may, in the light of the actual circumstances of this Municipality, formulate local standards for those items that have not been covered by the national environmental quality standards and the national pollutant discharge standards; and may formulate stricter standards for those items that have already been covered by the national standards.
Chapter III Green Development
Article 17
This Municipality advocates a green development and a green way of life.
The municipal administrative departments of development & reform, and environmental protection shall formulate an action guide for a green development and a green way of life, guide units and individuals to conserve resources and reduce pollution in the production and life, and urge the establishing of a way of production and life favorable to the environment protection.
Article 18
This Municipality shall establish and perfect a compensation system of ecological protection according to the provisions of the State.
The municipal or district people’s government shall grant economic compensation to ecological protection areas in this Municipality via such mode as financial transfer payment. The municipal development & reform department shall establish and perfect the eco-compensation mechanism jointly with relevant administrative departments, so as to ensure that the compensation fund is used to compensate the ecological protection.
The people’s governments of the beneficiary areas and ecological protection areas may conduct the ecological protection compensation through negotiation or by market rules.
Article 19
When formulating industry policies, relevant administrative departments of this Municipality shall fully considerate the requirements of environmental protection, make analysis and appraisal of the environmental impact, and listen to the opinions of the environmental protection department and relevant experts.
The administrative departments of development & reform, economy and informatization, and planning, land and resources of this Municipality shall promote an adjustment of the industrial structure and an optimization of the layout and urge a clean production.
The municipal administrative departments of economy and informatization, development & reform, planning, land and resources, and environmental protection shall optimize the industrial layout, and gradually arrange the pollutant-discharging industrial projects into the industrial parks determined in the urban-rural planning.
Article 20
The municipal economy and informatization department, when formulating this Municipality’s guiding catalogue of industrial structure adjustment jointly with such relevant administrative department as the municipal development & reform department, shall, according to this Municipality’s status of environmental quality and the total discharging amount control plan for key pollutants, include industries with high pollution and high energy consumption into the catalogue of eliminated or limited industries.
Such measures as differential electricity prices and pollutant-discharge fees, and limiting or stopping production and operation may be taken to the pollutant-discharging units listed into the catalogue of eliminated or limited industries. Among them, those listed into the catalogue of limited industries shall make a clean transformation according to the requirements of the environmental protection department and the economy and informatization department.
Article 21
This Municipality encourages enterprises to conduct green transformations to such links as product designing, raw material purchasing, manufacturing, sale, logistics, recycling and reuse, and raise the pollution prevention and control level of the whole industry chains.
Article 22
The administrative departments of development & reform, housing and urban-rural development, and planning, land and resources shall take measures to promote the application of green construction technologies, the development of green buildings and the construction of a sponge city in the process of city construction.
Article 23
The municipal and district people’s governments shall take measures to develop public transportation, build such transportation facilities as bus lanes and non-motorized vehicle lanes, and encourage the public to buy and use clean energy motor vehicles.
This Municipality advocates and encourages the public to choose such means as public transport and bicycles for travelling.
The municipal administrative departments of transport, greening and city appearance, and post shall formulate alternative clean energy promotion schemes for motor vehicles and vessels in such industries as public transport, environmental sanitation, post and logistics. State organs, public institutions and State-owned enterprises shall take initiative in using clean energy motor vehicles and vessels.
Article 24
State organs, enterprises and public institutions shall practice a strict economy, use resource-conserving and energy-saving products, equipment and facilities, and promote an e-office. The municipal government office administrative department shall strengthen the guidance in state organs’ and public institutions’ promotion of green offices.
In purchasing office supplies, state organs and public institutions shall give priority to the purchase of environment-friendly products and recyclable products under the premise that the technical and service functions meet the requirements of purchase.
Article 25
By taking such measures as financial fund support and government’s priority in purchase, this Municipality encourages enterprises to increase the efficiency of resource and energy use, carry out resource recycling, and urge the development of recycling economy.
Grassroots mass autonomous organizations and social organizations may promote the reuse of citizens’ idle articles by organizing citizens to carry out such activities as donation, bazaars, and exchange.
Article 26
Hotels, shopping-sites, restaurants and bathing service enterprises shall use products favorable to resource recycling and environmental protection, take such measures as environmental protection tips, preferential prices and rewarding gifts to guide consumers to reduce the use of disposables, while the municipal administrative departments of tourism and commerce shall strengthen their guidance.
Chapter IV Environmental Supervision and Control
Article 27
This Municipality shall implement the system of controlling the total discharging amount of key pollutants.
The MEPD shall, on the basis of the total discharging target of key pollutants ratified by the State for this Municipality, as well as the environmental capacity and the level of economic and social development of this Municipality, formulate a municipal control plan for the total discharging amount of key pollutants and organize its implementation upon its submission to and approval by the Municipal People’s Government. The MEPD may, according to the need of environmental protection in this Municipality, formulate control plans for the total discharging amount of other pollutants that has not been prescribed by the State and organize their implementation upon their submission to and approval by the Municipal People’s Government.
The DEPDs shall, according to the municipal control plans for the total discharging amount of key pollutants and in the light of the actual circumstances of their respective administrative areas, formulate their districts’ implementation programs for controlling the total discharging amount of key pollutants, organize their implementation upon their approval by the district people’s governments and file them with the MEPD within 15 days after the approval.
Article 28
The quota of the total discharging amount of key pollutants for existing pollutant-discharging units shall be determined by the municipal or district environmental protection department according to the regional environmental capacity, following the principle of impartiality and rationality, encouraging the advanced and taking the historic discharge into account, and with an overall consideration of such factors as the average discharging level of the industry and the measures of reducing the pollutant discharge taken by the pollutant-discharging units. The quota of the total discharging amount for the pollutant-discharging units that fail to reach the average discharging level of the industry shall be ratified strictly.
When building, renovating and expanding a construction project that discharges key pollutants, the pollutant-discharging unit shall, in the stage of environmental impact appraisal, obtain the quota of the total discharging amount of key pollutants either by applying to the municipal or district environmental protection department or via an emission-right trading.
The pollutant-discharging unit shall abide by the relevant provisions on the control of the total discharging amount, and shall stop production if its pollutant discharge reaches the provided quota limit.
This Municipality urges enterprises to reduce their pollutant discharge, and the municipal and district people’s governments shall encourage and support those pollutant-discharging units that further reduce their pollutant discharge on the basis of meeting the legal requirements on the pollutant discharge by adopting policies and measures in the aspects of finance, taxation, price, and government purchase.
Article 29
Environmental impact appraisals shall be made according to law when relevant development and utilization planning is prepared. The approval department shall not approve the development and utilization planning without a legally-made environmental impact appraisal.
When examining the environmental impact appraisal of a planning, the municipal and district environmental protection department shall consider in an overall manner such factors as the biological carrying capacity of the area and the total amount of pollutants discharged in the industry.
Article 30
The MEPD may, according to the State list of construction projects for environmental impact appraisals, and in the light of the actual circumstances of this Municipality, formulate a municipal supplementary list of construction projects for environmental impact appraisals, and publicize it. The construction projects listed in the state and the municipal lists of construction projects for environmental impact appraisals shall make an environmental impact appraisal, and be submitted to the environmental protection department for examination and approval or be filed for record according to the provisions of categorized administration.
Upon accepting a construction project’s application for environmental impact appraisal, the environmental protection department may entrust a relevant agency to conduct a technical assessment if such assessment is needed. The longest time for the technical assessment shall not exceed 30 days and shall not count into the period for approval.
The environmental impact appraisal for a construction project that is included in a planning with an already-completed environmental impact appraisal shall be simplified according to relevant provisions.
Article 31
When building, renovating or expanding a construction project, the development unit shall build environmental protection facilities and ensure the environmental protection measures according to the requirements in the environmental impact appraisal document and the environmental protection department’s examination and approval decision. The environmental protection facilities shall be designed, constructed and put into use simultaneously with the principal works of the project.
Article 32
The environmental protection department may suspend the approval of the environmental impact appraisal documents of the construction projects that produce key pollutants in towns/townships or industrial parks with any one of the following cases:
1. The amount of key pollutants discharged exceeds the control quota of the total discharging amount;
2. Failing to complete in tine the task of eliminating industries, techniques and equipment with high pollution;
3. Failing to complete in time the task of pollution treatment;
4. The auxiliary environmental infrastructure is imperfect;
5. Other cases provided by the Municipal People’s Government.
Where an enterprise group has any one of the cases of Item 1, 2 or 3 in the previous clause, the environmental protection department may suspend the approval of the environmental impact appraisal document of the said group’s construction project that will produce key pollutants.
Article 33
This Municipality implements according to law a license system for pollutant discharges. A unit of fixed pollution source shall, according to the provisions of the State and this Municipality, apply to the MEPD or the DEPD for a pollutant discharge license.
The pollutant discharge license shall specify such contents as the types, concentration, total amount, discharge mode, discharge direction and relevant requirements of environmental control. A pollutant-discharging unit shall discharge pollutants according to the requirements specified in the pollutant discharge license.
This Municipality conducts a dynamic administration over the items specified in the pollutant discharge license. Where some corresponding items need to be adjusted due to changes in pollutant discharge standards or total amount control, the environmental protection department shall make adjustments according to law to the items specified in the license.
Article 34
This Municipality encourages a trading of the quota of total discharging amount of key pollutants. The MEPD shall, jointly with relevant administrative departments, gradually establish a municipal trading system of the quota of total discharging amount of key pollutants, and perfect the trading rules.
Article 35
The environmental protection department shall, jointly with relevant administrative departments, establish and perfect an environment monitoring network, organize to carry out environmental quality monitoring, pollution source supervisory monitoring, and contingency monitoring of environmental emergencies.
Key pollutant-discharging units, industrial parks, and relevant units of construction sites, yards, wharfs, and concrete batching plants shall install an automatic discharge monitoring device according to the relevant provisions of the State and this Municipality, which shall be connected to the network of the environmental protection department, ensure the normal operation of the monitoring equipment, and bear the responsibility for the truthfulness and accuracy of the data.
As for the pollutant discharge not under the automatic monitoring or the pollutants not covered by the automatic monitoring, the pollutant-discharging unit shall conduct a periodical pollutant discharge monitoring according to the provisions of the State and this Municipality, keep the original monitoring records, and bear the responsibility for the truthfulness and accuracy of the data.
Agencies engaged in the environmental monitoring in this Municipality shall file with the MEPD as provided; among them, those issuing data and results that can function as proofs shall legally obtain the qualification identification issued by the inspection and testing agency. Environmental monitoring agencies shall carry out the environmental monitoring according to the environmental monitoring norms of the State and this Municipality, ensure the truthfulness and accuracy of the monitoring data, and bear the responsibility for the monitoring data and findings.
The automatic monitoring data, and the monitoring data of the environmental monitoring agency entrusted by the environmental protection department and with a corresponding qualification may function as the basis for the environmental law enforcement and administration.
Article 36
The municipal and district people’s governments shall, in the light of the actual circumstances, organize the formulation of contingency plans for environmental emergencies in their own administrative areas.
Enterprises and public institutions that shall formulate contingency plans for environmental emergencies according to relevant provisions of the State shall, according to the municipal and district contingency plans and on the basis of carrying out risk assessment for environmental emergencies and surveys of contingency resources, formulate their own contingency plans for environmental emergencies and file them with the MEPD or the DEPD.
Article 37
This Municipality shall implement an agreement system for the environmental pollution prevention and treatment.
In any one of the following cases, the environmental protection department may sign an agreement on the pollution prevention and treatment with a relevant pollutant-discharging unit, and clearly define the requirements of the pollutant discharging and the corresponding rights and obligations:
1. According to this Municipality’s requirements of the environmental treatment, a discharging standard higher than the relevant standard of laws, regulations, the State and this Municipality and the one provided in the pollutant discharge license is going to be demanded to a pollutant-discharging unit;
2. According to its own technical improvement potential and the level of its pollution prevention and treatment, a pollutant-discharging unit initiatively asks for a reduction of discharging and/or emission demands;
3. A pollutant-discharging unit applies for discharging pollutants for which the discharging standards have not yet been formulated by the State or this Municipality.
Where a pollutant-discharging unit signs a pollution prevention and treatment agreement with the environmental protection department and reaches the agreed target of pollutant discharge reduction, the environmental protection department shall give rewards and support thereto.
Where the said unit violates the said agreement, it shall bear the responsibility as agreed.
Article 38
The environmental protection departments, their environmental supervision agencies, and other departments with the duty of environmental protection, supervision and administration have the right of supervisions and inspections onto the pollutant-discharging enterprises, public institutions and other producers and business operators by way of on-the-spot inspection, automatic monitoring, remote sensing monitoring, unmanned aerial vehicle inspection, and far infrared camera. When conducting an on-the-spot inspection, the inspectors may take such measures as on-the-spot monitoring, sample-collecting, and consulting and duplicating relevant materials.
The inspected unit shall state the facts as they are and provide necessary materials, and may not conceal the truth, or refuse or obstruct the inspection.
Article 39
The MEPD or the DEPD or other administrative departments with the duty of environmental protection supervision and administration may take such administrative coercive measures as detaining or sealing up relevant facilities, equipment or articles in any one of the following cases:
1. where the party concerned illegally moves or disposes of radioactive sources or dangerous wastes;
2. where the relevant evidence may be destroyed or concealed; or
3. other cases of discharging pollutants in violation of the provisions of laws or regulations which have caused, or may cause serious pollution.
Article 40
In any one of the following cases, the MEPD shall, jointly with relevant administrative departments, interview the major person(s) responsible of the district people’s government, and the interview shall be publicized:
1. where the district fails to complete the target of environmental quality improvement;
2. where the district implements poorly the State’s and this Municipality’s major policies and measures for environmental protection and green development;
3. where the district fails to complete the task of the treatment of serious pollution;
4. where a serious environmental pollution accident occurs in the district or the district fails to handle properly an accident of ecological destruction; or
5. other cases where an interview is required according to law.
Chapter V Prevention and Treatment of Environmental Pollution
Article 41
The administrative agency of an industrial park shall make good planning of the park’s environmental infrastructure, build auxiliary environmental infrastructure for atmospheric environmental monitoring, sewage collection and treatment, solid waste collection, storage and transport, and noise prevention and treatment, establish an operation and maintenance system for the environmental infrastructure, and ensure its normal operation.
Article 42
A pollutant-discharging unit shall, according to the design requirements for environmental protection facilities and the discharge requirements as prescribed by the pollutant discharge license, formulate operational rules and procedures and ensure the normal operation of the environmental protection facilities.
Where the environmental protection facilities are suspended in use for the need of maintenance and repair or for a breakdown, the matter shall be reported to the MEPD or DEPD immediately and relevant production and operation activities shall be stopped.
It is prohibited to demolish or leave environmental protection facilities unused without authorization. When there is a proven need for a pollutant-discharging unit to do so, it shall report that to the MEPB or the DEPD for approval 30 days before such actions are taken.
Article 43
A pollutant-discharging unit shall keep an environmental management logbook, and bear the responsibility for the truthfulness and completeness of the logbook. The logbook shall be kept for at least five years, unless otherwise provided by laws and regulations.
Where a pollutant-discharge unit is shut down or moved, the said unit shall report to the MEPD or the DEPD in advance according to the provisions, and formulate a scheme for a clean-up and safe handling of the pollutant residue, and a safe treatment of the unhandled sewage, poisonous and harmful gas, solid industrial wastes, radioactive sources and wastes and their storage and disposal facilities and sites.
Article 44
A pollutant-discharging unit may entrust a third-party agency with proper ability to operate its pollution treatment facilities or conduct its pollution treatment. Where a pollutant-discharging unit entrusts a third-party agency to do this, it shall sign an entrustment contract of pollution treatment, and report to the MEPD or DEPD according to the provisions.
The third-party agency that accepts the entrustment shall abide by the requirements of environmental protection laws and regulations and relevant technical norms, and fulfill the obligation stipulated in the entrustment contract of pollution treatment. Where a pollutant-discharging unit entrusts a third-party agency to operate its pollution treatment facilities or conduct its pollution treatment, its legal liability shall not be exempted.
Article 45
This Municipality shall explore the establishment of an environmental pollution liability insurance system, and encourage relevant enterprises of petroleum, chemical industry, steel and iron, electricity, and metallurgy to buy the environmental pollution liability insurance.
Article 46
Where pollution weather occurs or heavy pollution weather is forecasted or the State requires a guarantee for major events, relevant administrative departments shall, according to the provisions of the emergency plan, take such measures as suspending or limiting pollutant-discharging units’ production, stopping operational activities liable to produce flying dusts, or using dust-reducing methods, and such emergency measures as limiting the running of motor vehicles with high pollution, and make these measures public.
Article 47
This Municipality shall gradually eliminate motor vehicles with high pollution. And this Municipality shall take the measure of limiting the running of motor vehicles with high pollution in certain areas. The municipal transport administrative department shall, jointly with the municipal administrative departments of environmental protection, and public security transport, propose a scheme on the scope of motor vehicles with high pollution and the limiting area and time for their running, submit it to the Municipal People’s Government and publicize it after its approval.
Transportation units or individuals cannot use motor vehicles with high pollution to operate transport business. Relevant consigner units shall define in the transportation contract that the consignee unit or individual shall not use motor vehicles with high pollution to operate transportation activities.
Vessels shall meet this Municipality’s relevant requirements on vessels’ discharging and emission when navigating, operating or berthing on the waters of Shanghai port. They shall use the required fuels when entering the control areas for atmospheric pollutants discharged by vessels; if a fuel change is needed, the information of the fuel change shall be recorded. Where a vessel enters and berths at a port, and where it has the device of using the shore power, it shall use the shore power during its berth.
Article 48
Construction sites, yards, wharfs, and concrete batching plants shall abide by this Municipality’s standards for flying dust control. The specific standards shall be formulated by the MEPD jointly with the municipal administrative departments of housing and urban-rural development, and transport.
The prevention and treatment of the flying dust pollution on roads and in other places shall be implemented according to relevant provisions of this Municipality.
Article 49
Pollutant-discharging units that discharge water pollutants directly to the environment shall be subject to the supervision and administration by the environmental protection department, and their pollutant discharge
can
’
t
exceed the discharge standards provided by the State or this Municipality.
The water affairs department of this Municipality shall be responsible for urging the work of pollutant-discharging units’ sewage to be discharged into the sewage-pipe-network. Where a pollutant-discharging unit discharges Class I water pollutants into the centralized urban sewage treatment facilities, its discharge cannot exceed the discharge standards provided by the State or this Municipality, and it shall set up monitoring posts at the outlets of the workshop treatment facilities and at the general outlet, and be subject to the supervision and administration by the environmental protection department. Where a pollutant-discharging unit discharges Class II water pollutants to the centralized urban sewage treatment facilities, its discharge shall meet the requirements for discharging sewage into the sewage–pipe-network, and be subject to the supervision and administration by the water affairs department according to relevant laws and regulations.
The sewage discharged by a pollutant-discharging unit shall be discharged from a sewage outlet, and it is prohibited to discharge sewage from concealed pipes, seepage wells, seepage pits or rainwater outlets or to transport production sewage to other places for treatment.
Vessels transporting highly toxic chemicals shall be prohibited from entering the Huangpu River or other inland rivers, and vessels transporting dangerous chemicals are prohibited from entering the protected area of Taipu River drinking water sources.
Article 50
The MEPD shall, jointly with relevant municipal administrative departments of planning, land and resources, economy and informatization, agriculture, and water affairs, periodically carry out soil and groundwater’s environmental quality surveys and the pollution source investigations. If discovering environmental risks, it shall order the land user to formulate corresponding risk prevention and control programs and take preventive measures. If causing pollution to soil and groundwater, the pollutant-discharging unit or individual shall bear the responsibility for the restoration. If the liability subject is lost or unclear, the district people’s government shall bear the relevant responsibility for the restoration according to law.
Business operators of oil depots and gas stations, domestic garbage and dangerous wastes disposal and treatment, and other key-pollutant-discharging units shall, according to the provisions of the State and this Municipality, periodically conduct monitoring on soil and groundwater, and report the monitoring results to the MEPD or the DEPD. If an environmental risk is discovered, the land user shall take measures for risk prevention and control; if an expansion or spreading of pollution is discovered, the land user shall take such treatment measures as pollutant isolation and blocking-up.
Enterprises that produce, sell, or store liquid chemicals or oil, and enterprises of domestic garbage disposal and treatment shall, as required by the State and this Municipality, make anti-seepage treatment to prevent the pollution to the soil or groundwater.
Before profit-oriented land and industrial land is granted, transferred, leased or withdrawn, environmental quality appraisal of the soil and groundwater shall be made according to relevant provisions of the State and this Municipality, and measures for risk prevention and control shall be taken or soil restoration be carried out according to the result of the appraisal. Where industrial land or municipal land for domestic garbage disposal and treatment turns to land for living, education, or public health, and its soil and groundwater is polluted, such land shall be restored first. The specific provisions thereon shall be otherwise formulated by the MEPD jointly with the municipal administrative departments of planning, land and resources, and economy and informatization.
Article 51
The municipal departments of environmental protection, and agriculture shall, jointly with the planning, land and resources and other relevant departments, classify the agricultural land’s soil environmental quality, and take corresponding administrative measures according to the classification to ensure the quality and safety of agricultural produce.
The agriculture and other relevant administrative departments of this Municipality shall take effective measures to strengthen the prevention and treatment of the pollution from the raising and breeding of livestock, poultry and aquatic produce, and the supervision, administration and guidance over chemical fertilizers, pesticides, agricultural films, and the articles used in different stages of the raising and breeding so as to prevent the pollution of soil and water bodies.
Agricultural producers shall scientifically use chemical fertilizers, pesticides, agricultural films, and the articles used in the raising and breeding. Livestock and poultry farms shall ensure a comprehensive utilization of their livestock and poultry manure, or a normal operation of their harmless treatment facilities, and an up-to–standard discharge of the sewage, so as to prevent pollution to the water environment.
It is prohibited to use sewage containing heavy metal or non-degradable organic pollutants, unexamined or examine-failed urban refuse, sludge from sewage treatment plants, and bottom sludge in river courses for agriculture production.
Where non-agricultural land is changed to agricultural land, an environmental quality assessment for soil and groundwater shall be made, and the land can only be used for agriculture production when the assessment finds that it meets the environmental quality standards for agricultural land and groundwater.
Article 52
This Municipality shall strengthen the environmental safety administration of the microbial agents used for the environmental pollution treatment and the ecological environment protection.
The supplier units of microbial agents shall conduct an environmental safety appraisal on the microbial agents provided thereby. Units that carry out the environmental safety appraisal shall have the abilities to classify and identify the microbial agents, to test their characteristics, and to research and appraise the environmental protection, and shall conduct the appraisal according to the relevant technical guiding rules. The user units of microbial agents shall use the microbial agents that have passed the environmental safety appraisal.
Article 53
This Municipality shall take measures to urge the reduction of solid wastes, to encourage the recycling of solid wastes as resources, and to dispose of those non-recyclable solid wastes in a harmless-to-nature way. In the case of recycling of dangerous solid wastes as resources, the recycling standard shall comply with the administrative provisions set by the administrative department of quality and technique supervision. The producer units shall organize a technical demonstration before the recycling as resources, and file such contents as the technical demonstration statement, recycling plan and target users with the MEPD or the DEPD. The user units shall make a comprehensive use according to the recycling plan in the file. The non-recyclables shall be safely disposed of according to the provisions of the State and this Municipality.
Where an administrative agency of an industrial park collects and stores dangerous wastes, it shall go through relevant formalities with the MEDP according to relevant provisions.
The transportation of dangerous wastes shall comply with relevant provisions of the State and this Municipality on the transportation of dangerous wastes. It is prohibited to transport to this Municipality dangerous wastes, and solid wastes not used as recyclable raw materials either from abroad or from other provinces and municipalities. It is prohibited to entrust the collection, storage and disposal of dangerous wastes to units or individuals without a license for the operation of dangerous wastes. It is prohibited to dump without authorization dangerous wastes and other industrial solid wastes.
Where a centralized disposal facility or site for dangerous wastes is to be retired or shut down, the business unit shall report that to the MEDP or the DEPD for approval three months before the retirement or shut-down, and ensure the subsequent work is well done as required by the environmental protection department.
Article 54
Units and individuals discharging environmental noise shall take effective measures to ensure that the environmental noise discharged thereby complies with the environmental noise discharge standard provided by the State and this Municipality.
Except for rush repairs and emergency rescue operations, construction activities causing environmental noise pollution shall be prohibited in the nighttime. Construction units that have a proven need to operate construction during the nighttime due to such reasons as continuous concreting shall apply to the local environmental protection department in advance. The DEPD shall make an examination and approval decision within three working days and notify the applicant in writing; in case of a refusal of the application, the reason thereof shall be stated. Those construction units with the approval to carry out construction activities during the nighttime shall publicize the contents of the administrative license in a conspicuous place at the construction site.
The Municipal People’s Government or departments authorized thereby may, during the high school and college entrance examinations and citywide major events, ban in certain areas construction activities that produce environmental noise pollution.
The prevention and treatment of social activity noise and transportation noise shall be carried out according to relevant provisions of the State and this Municipality.
Article 55
It is prohibited to set up commercial irradiation devices or gamma ray detectors in downtown areas, or other areas with a dense population It is prohibited to produce, use or store radioactive isotopes or type I or II ray devices in residential buildings or commercial and residential complexes. It is prohibited to store detector devices containing radioactive sources in residential buildings, commercial and residential complexes or other public places.
Nuclear technology utilization units shall, strictly according to the requirements of relevant laws, rules, regulations and technical standards, engage in activities of producing, selling, using, transferring, importing and storing radioactive isotopes and ray devices.
Units engaged in mobile detectors in this Municipality shall, ten days before the operation, report to the local environmental protection department, and establish a real-time positioning and tracking system for the mobile detectors according to the provisions.
Where owner-less radioactive sources or radioactive wastes are found, the MEPD or the DEPD shall immediately entrust units with corresponding qualifications to collect, store or dispose of them, and the expenses needed shall be borne by the municipal or district finance.
Article 56
Units that install facilities or equipment causing electromagnetic radiation pollution shall take effective shielding and protection measures to ensure that the electric field and the magnetic field in the environment comply with the relevant provisions and the protection requirements of the State.
Article 57
This Municipality shall strictly control the use of reflective materials for exposed walls of buildings. The use of reflective materials for exposed walls of buildings shall meet relevant standards of the State and this Municipality; the environmental protection department shall organize a demonstration of the impact of light reflections on the environment, and the housing and urban-rural development administrative department shall strengthen the supervision and administration over the construction of buildings with their exposed walls made of reflective materials.
Outdoor illuminated advertising and lighting equipment shall meet the requirements of this Municipality on the technical norms for environmental lighting, and shall not affect the normal life of the neighboring citizens. If they are used not according to the requirements of technical norms, the administrative departments of greening and city appearance, and housing and urban-rural development shall order the user to make a correction within a prescribed time limit.
Chapter VI Open Information and Public Participation
Article 58
The MEPB shall periodically publish a bulletin on the environmental state of this Municipality.
The MEPD, the DEPD, and other departments that bear the responsibility for the supervision and administration over the environmental protection shall, according to law, open such information to the public as the environmental quality, environment monitoring, environmental protection planning, action plans of environmental protection, environmental administrative license, environmental administrative sanction, name and address lists of key pollutant-discharging units, and the collection and use of pollutant-discharging fees.
In case of environmental emergencies, the municipal and district people’s governments and their environmental protection departments shall promptly publish relevant information according to law.
The municipal environmental protection department shall establish an information platform of environmental protection, and the departments that bear the responsibility for supervision and administration over environmental protection shall pool the information on environmental protection in their own fields into the information platform according to the provisions, and share relevant information.
Article 59
In any one of the following cases, the pollutant-discharging unit shall publicize the names of discharged pollutants, the discharging ways, the total amount and concentration of the discharge, the over-the-standard discharge, and the construction and operation of pollution prevention and treatment facilities:
1. where pollutant discharge license is required ;’
2. where the discharging amount of key pollutants exceeds the control quota of the total discharging amount;
3. where pollutants are discharged in excess of the standard; or
4. other cases provided by the State and this Municipality.
Pollutant-discharging units shall publish the environmental information provided in the preceding clause on the enterprise and public institution’s environmental information publicity platform established by the MEPD.
Article 60
The municipal planning preparation department shall, before submitting a development and utilization planning for an examination and approval, open to the public the appraisal document on the planning environmental impact, and solicit public opinions.
As for a construction project which requires the preparation of an environmental impact appraisal document according to law, the development unit shall open to the public, as provided by the regulation, the environmental impact appraisal document before the project is submitted for approval, and solicit public opinions. The environmental protection department responsible for the examination and approval shall, upon accepting the said document, open to the public the said document via such media as website to solicit public opinions. The content involving state or commercial secrets or individual privacy in the said document shall not be released according to law.
The development unit shall, during the project development, open to the public the environmental protection measures it has taken during the construction.
Article 61
This Municipality shall urge the establishment of an administrative system for an enterprise’s environmental credit. The MEPD and the DEPD shall collect and record according to the provisions the environmental credit information of such enterprises as pollutant-discharging units and third-party agencies and their relevant persons responsible, and conduct credit rating periodically. The environmental credit information shall be open to the public via such media as government website, and be included into this Municipality’s service platform of public credit information.
The MEPD and relevant administrative departments shall establish an environmental credit rewarding and punishing mechanism and take the environmental credit information as the basis of the administrative supervision.
Article 62
This Municipality shall urge key pollutant-discharging units such as those in the petroleum, chemical, and steel and iron industries, and those involving heavy metal discharge or garbage disposal and treatment to introduce periodically to the public their pollutant discharge and pollution prevention and treatment, and initiatively subject themselves to the supervision by the public.
Article 63
Where citizens, legal persons or other organizations discover any unit or individual to commit acts of environmental pollution or ecological destruction, they may report to the environmental protection and other relevant departments via such channels as the public service hotline and government websites.
Departments receiving the report shall keep confidential the relevant information of the reporter, and protect the reporter’s legitimate rights and interests.
Article 64
This Municipality shall promote the development of environmental protection volunteer organizations, encourage environmental protection volunteers and social organizations to actively carry out publicities of environmental protection, advocate a green way of life, and supervise illegal acts in environmental protection.
This Municipality shall encourage and support lawful environmental protection social organizations to bring environmental public interest litigation according to law.
Chapter VII Legal Liability
Article 65
Where laws or administrative regulations have provisions on the punishment for acts in violation of these Regulations, these provisions shall prevail.
Article 66
Enterprises, public institutions or other producers or business operators with any one of the following acts shall be punished with a fine and be ordered to make a correction. If they refuse to make such a correction, the administrative department that has made the decision of the punishment according to law may impose a consecutive punishment by day according to the original amount of fine from the next day of the order for a correction:
1. failing to obtain a pollutant-discharging license as required but discharging pollutants in violation of law;
2. discharging pollutants in excess of the pollutant-discharging standard or the control quota of the total discharging amount of key pollutants;
3. discharging atmospheric pollutants in an unorganized manner in violation of laws and regulations;
4. operating environmental protection facilities abnormally and discharging pollutants in violation of law;
5. discharging pollutants by such modes as concealed pipes, seepage wells, seepage pits or rainwater outlets to evade supervisions;
6. putting the principal body of a project into production or use and discharging pollutants in violation of the administrative system for construction projects ;
7. dumping dangerous wastes without authorization, or without taking corresponding preventive measures for dangerous wastes, and thus causing a leakage of such wastes or causing other environmental pollution;
8. producing, selling, using, transferring, importing, or storing radioactive isotopes or ray devices in violation of the provisions on the radioactive pollution prevention and treatment; or
9. other acts for which a consecutive punishment by day shall be imposed as provided by laws and/or regulations.
Article 67
Where a unit, in violation of the provisions of Clause 3 of Article 28 of these Regulations, discharges pollutants in excess of the provided limit for the quota of the total discharging amount, the MEPD or the DEPD shall order it to suspend production for a rectification, and impose a fine of not less than 100,000 yuan but not more than 1,000,000 yuan thereon; if the case is serious, upon submitting to and being approved by the people’s government with the authority of approval, the said department may order it to stop production and shut down.
Article 68
Where a development unit, in violation of the provisions of Clause 1 of Article 30 of these Regulations, fails to file for record before the construction according to law, the DEPD shall order it to file for record and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan thereon.
Article 69
Where a unit, in violation of the provisions of Clause 1 of Article 33 of these Regulations, discharges pollutants without obtaining a pollutant discharge license according to law, the MEPD or the DEPD shall order it to suspend production for a rectification, and impose a fine of not less than 100,000 yuan but not more than 1,000,000 yuan thereon; if the case is serious, upon submitting to and being approved by the people’s government with the authority of approval, the said department may order it to stop production and shut down.
Where a unit, in violation of the provisions of Clause 2 of Article 33 of these Regulations, discharges pollutants not according to the requirements specified in the pollutant discharge license, the MEPD or the DEPD may order it to make a correction, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan thereon; if the case is serious, the said department may order it to suspend production for a rectification.
Article 70
Where a unit, in violation of the provisions of Clause 2 or 3 of Article 35 of these Regulations, commits any one of the following acts, the administrative departments of environmental protection, housing and urban-rural development, and transportation, shall order it to make a correction according to their respective functions and duties, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan thereon; if it refuses to make a correction, the departments responsible shall order it to suspend production for a rectification:
1. failing to install or use an automatic pollutant discharge monitoring device according to the provisions, or failing to connect it to the network of the environmental protection department and to ensure the normal operation of the monitoring device; or
2. failing to conduct a pollutant discharge monitoring and keep the original monitoring records according to the provisions.
Article 71
Where an enterprises or a public institution, in violation of the provisions of Clause 2 of Article 36 of these Regulations, fails to file its own contingency plans for environmental emergencies with the environmental protection department, the MEPD or the DEPD shall order it to make a correction within a prescribed time limit, and may impose a fine of not less than 10,000 yuan but not more than 30,000 yuan thereon.
Article 72
Where a unit, in violation of the provisions of Clause 1 or 2 of Article 42 of these Regulations, has not formulated its operational rules and procedures or has not made a report in time according to the provisions, the MEPD or the DEPD shall order it to make a correction within a prescribed time limit, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan thereon; if the wrongdoer does not stop its production or business operation, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed thereon.
In case of demolishing or leaving environmental protection facilities unused without authorization in violation of the provisions of Clause 3 of Article 42 of these Regulations, the MEPD or the DEPD shall order the wrongdoer to make a correction and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan thereon.
Article 73
Where a unit, in violation of the provisions of Clause 1 of Article 43 of these Regulations, fails to establish and keep an environmental management logbook or the logbook’s content is not completely or truthfully recorded, the MEPD or the DEPD shall order it to make a correction and impose a fine of not less 20,000 yuan but not more than 200,000 yuan thereon; if it refuses to make a correction, the said department shall order it to suspend production for a rectification.
Where a unit, in violation of the provisions of Clause 2 of Article 43 of these Regulations, fails to make a report to the environmental protection department according to the provisions, or to do a safe treatment to relevant pollutants, facilities and sites, the MEPD or the DEPD shall order it to make a correction, and impose a fine of not less 20,000 yuan but not more than 200,000 yuan thereon.
Article 74
Where a unit, in violation of the provisions of Article 46 of these Regulations, refuses to fulfill the measures of suspending or limiting its production, the environmental protection department shall impose a fine of not less than 20,000 yuan but not more than 200,000 yuan thereon; where it refuses to fulfill the measures of flying dust control, the housing and urban-rural development, transport, and other relevant administrative departments or the city management & administration execution department shall impose a fine of not less than 10,000 yuan but not more than 100,000 yuan thereon; where it refuses to fulfill the measures of motor vehicle control, the public security department shall impose a punishment according to relevant provisions.
Article 75
Where a consigner, in violation of the provisions of Clause 2 of Article 47 of these Regulations, fails to define in its commission contract that the consignee unit or individual shall not use motor vehicles with high pollution in the transportation, the transport administrative department shall order it to make a correction, and impose a fine of not less than 200 yuan but not more than 2,000 yuan thereon.
Where a vessel, in violation of the provisions of Clause 3 of Article 47 of these Regulations, uses unqualified fuel or does not use the shore power as required when entering the control areas for vessels’ atmospheric pollutants discharge set by the State, the maritime affairs department shall order it to make a correction and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan thereon.
Article 76
Where a unit discharges flying dust not in compliance with this Municipality’s standard for flying dust control, the DEPD shall order it to make a correction, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan thereon; if it refuses to make a correction, the said department shall order it to suspend production for a rectification.
Article 77
Where a unit, in violation of the provisions of Clause 1 and/or 2 of Article 49 of these Regulations, discharges water pollutants directly to the environment or discharges Class I water pollutants in excess of the discharge standards provided by the State or this Municipality to the centralized urban sewage treatment facilities, the MEPD or the DEPD shall order it to make a correction or to limit production or to suspend production for a rectification, and impose a fine of not less than 100000 yuan but not more than 1000000 yuan thereon; in serious case, the unit shall be reported to the people’s government with authority for suspending business or shutting down.
Where a unit, in violation of the provisions of Clause 3 of Article 49 of these Regulations, discharges sewage through rainwater outlets or transports its production sewage to other places for treatment, the MEPD or the DEPD shall order it to make a correction and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan thereon.
Where a vessel transporting poisonous chemicals, in violation of the provisions of Clause 4 of Article 49 of these Regulations, enters Huangpu River or other inland waters, or a vessel transporting dangerous chemicals enters the protected area of Taipu River’s drinking water sources, the maritime affairs department shall order it to make a correction, and impose a fine of not less than 100,000 yuan but not more than 200,000 yuan thereon.
Article 78
Where a unit or individual, in violation of the provisions of Clause 1 of Article 50 of these Regulations, fails to bear the responsibility for the restoration, the MEPD or the DEPD shall order it/him/her to make the restoration, and impose a fine of not less than 200,000 yuan but not more than 1,000,000 yuan thereon; if it/he/she refuses to make the restoration, the said department may fulfill the obligation on its/his/her behalf, and the relevant restoration expenses shall be borne by the liable.
Where a unit, in violation of the provisions of Clause 2 of Article 50 of these Regulations, fails to periodically conduct monitoring on soil and groundwater and report the monitoring results according to the provisions, or to take risk prevention measures or such treatment measures as pollutant isolation and blocking-up, the MEPD or the DEPD shall order it to make a correction, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan thereon.
Where an enterprise, in violation of the provisions of Clause 3 of Article 50 of these Regulations, fails to make an anti-seepage treatment as required, the MEPD or the DEPD shall order it to make a correction, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan thereon.
Article 79
In violation of the provisions of Article 52 of these Regulations with either one of the following cases, the MEPD shall order the wrongdoer to make a correction and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan thereon; if the environment is harmed by that, the said department shall order the wrongdoer to eliminate the impact, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan thereon:
1. A supplier unit of microbial agents fails to conduct an environmental safety appraisal to the microbial agents provided thereby;
2. A user unit of microbial agents uses without an authorization the microbial agents that fail to pass the environmental safety appraisal.
Article 80
Where a producer unit, in violation of the provisions of Clause 1 of Article 53 of these Regulations, fails to organize a technical demonstration or to file with the environmental protection department before its recycling of wastes as resources, the MEPD or the DEPD shall order it to stop the illegal act and to make a correction within a prescribed time limit, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan thereon. If the recycling unit accepts unfiled dangerous wastes or fails to make a comprehensive recycling according to the filed recycling plan, the MEPD or the DEPD shall order it to stop the illegal act and to make a correction within a prescribed time limit, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan thereon.
Where anyone, in violation of the provisions of Clause 3 of Article 53 of these Regulations, entrusts the collection, storage and disposal of dangerous wastes to units or individuals without a license for the operation of dangerous wastes, or dumps dangerous wastes or other industrial solid wastes without authorization, the MEPD or the DEPD shall order him/her to stop the illegal act and to make a correction within a prescribed time limit, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan thereon.
Article 81
Where an industrial enterprise, in violation of the provisions of Clause 1 of Article 54 of these Regulations, produces noises in excess of the discharge standard for environmental noise provided by the State and this Municipality, the MEPD or the DEPD shall order it to make a correction, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan thereon.
Where a construction unit, in violation of the provisions of Clause 2 or 3 of Article 54 of these Regulations, operates the construction without an approval or without following the requirements set in the approval, or operates during the specific time period when such activities are prohibited, the local environmental protection department shall order it to make a correction, and impose a fine of not less than 10,000 yuan but not more than100, 000 yuan thereon.
Article 82
Where anyone, in violation of the provisions of Clause 1 of Article 55 of these Regulations, conducts any one of the following acts, the MEPD or the DEPD shall order him/her to make a correction and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan thereon:
1. setting up commercial irradiation devices or gamma ray detectors in downtown areas or other areas with centralized population;
2. producing, using or storing radioactive isotopes or type I or II ray devices in residential buildings, or commercial and residential complexes; or
3. storing detecting devices containing radioactive sources in residential buildings, commercial and residential complexes or other public places.
Where a unit, in violation of the provisions of Clause 2 of Article 55 of these Regulations, engages in activities of producing, selling, using, transferring, importing or storing radioactive isotopes or ray devices, the MEPD or the DEPD shall handle it according to the provisions of laws, rules or regulations; as for those activities that may seriously harm the social security, the said department shall order the wrongdoer to immediately stop such activities.
Article 83
Where a unit, in violation of the provisions of Article 56 of these Regulations, causes the electric field or magnetic field in the environment to go against the provisions and protection requirements of the State, the MEPD or the DEPD shall order it to make a correction within a prescribed time limit, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan thereon.
Article 84
Where a pollutant-discharging unit, in violation of the provisions of Article 59 of these Regulations, fails to make public the environmental information as required, the MEPD or other departments bearing the duty of supervision and administration over the environmental protection shall order it to make a correction, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan thereon.
Article 85
The power supply unit shall, according to the notice of the municipal competent department of power operation, charge a pollutant-discharging unit that is subject to an administrative sanction due to its serious law-breaking discharging acts, but has not yet made a correction, an electricity fee higher than the market price until it has corrected its law-breaking acts.
Where the municipal or a district people’s government has made a decision on ordering a pollutant-discharging unit to suspend or shut down its business, or where the MEPD or the DEPD has made a decision on ordering a pollutant-discharging unit to suspend its business for a rectification, the power supply enterprise shall take measures according to law and suspend its power supply.
Article 86
A lessor providing production and business operation sites for a pollutant-discharging unit or individual shall cooperate with the department that bears the duty of supervision and administration over the environmental protection in carrying out its law enforcement inspection on the acts in violation of these Regulations in his/her rental place, and provide relevant information of the lessee. If the lessor refuses to cooperate, the said department shall impose a fine of not less than 2,000 yuan but not more than 20,000 yuan thereon.
Article 87
Where a pollutant-discharging unit, in violation of the provisions of these Regulations, conducts any one of the following illegal pollutant discharges, besides punishing the unit, the environmental protection and other relevant administrative departments may impose a fine of not less than 10,000 yuan but not more than 100,000 yuan on the major person responsible and the person directly liable of the unit:
1. exceeding the pollutant discharge standard, or the control quota of total discharging amount for key pollutants;
2. discharging pollutants while failing to obtain the pollutant discharge license;
3. being ordered to limit production or suspend production for a rectification by the environmental protection department but refusing to make the implementation;
4. dumping dangerous wastes without authorization or discharging sewage by such ways as concealed pipes, seepage wells, and seepage pits; or
5. having an accident of environmental protection.
Article 88
Where an environmental impact appraisal agency, environment monitoring agency, environmental safety appraisal agency, or a third-party agency engaged in the maintenance or operation of environment monitoring equipment or pollution prevention and treatment facilities fails to provide relevant environmental service activities according to the requirements of laws, regulations or relevant technical norms, or makes falsification in relevant environmental service activities, the environmental protection department, and other departments bearing the duty of supervision and administration over the environmental protection may impose a fine of not less than 100,000 yuan but not more than 500,000yuan thereon, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan on the major person responsible. If it is liable for the caused environmental pollution and ecological destruction, besides being punished according to the provisions of relevant laws and regulations, it shall also bear joint liability with other persons liable who cause the environmental pollution and ecological destruction.
Article 89
Where the environmental protection department or other departments that bear the duty of supervision and administration over the environmental protection has conducted any one of the following acts, the person-in-charge and other persons directly responsible shall be given a punishment of demerit, serious demerit or demotion; if a serious consequence is caused, they shall be given a punishment of removal from posts or dismissal, and the major responsible person shall take the blame and resign:
1. granting an administrative license to those not satisfying the conditions for a license;
2. harboring illegal acts in the environmental protection;
3. failing to make a decision on ordering a production suspension or limitation where such a decision is required by law;
4. discovering or receiving reports, but failing to make a timely investigation and punishment for such acts as discharging pollutants in excess of the standard or by way of evading a supervision that cause environmental accidents, or without ensuring ecological protection measures that cause ecological destruction;
5. serious cases of failing to make a detention or sealing up as provided by regulations;
6. falsifying or forging monitoring data or instigating to do so;
7. failing to publicize environmental information that is required for publicity by law;
8. retaining, occupying or diverting to other purposes the collected discharge fees; or
9. other illegal acts provided by laws or regulations.
Article 90
Where a pollutant-discharging unit or individual violates the provisions of laws or regulations, and where an environmental damage or an ecological destruction is caused, it/he/she shall bear the corresponding compensation liability for the damage to the ecological environment in addition to the corresponding administrative responsibility.
Chapter VIII Supplementary Provision
Article 91
These Regulations shall be effective as of October 1, 2016.