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 adopted 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 adopted 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 fourth 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 fifth time in accordance with the Decision on Revising Part of This Municipality’s Local Rules adopted at the 8th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on December 20, 2018; amended for the sixth time in accordance with the Decision of the Standing Committee of Shanghai Municipal People’s Congress on Amending the Regulations of Shanghai Municipality on Blood Donation and Three Other Sets of Local Rules adopted at the 37th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on November 25, 2021; amended for the seventh time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on Environmental Protection adopted at the 42nd Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on July 21, 2022)
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 rules, 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, rules and regulations on the marine environment protection.
Article 3
This Municipality shall establish and perfect the leadership mechanism for building a sound ecosystem, implement a Party/government parallel responsibility mechanism for ecological and environmental protection, and one post two responsibilities mechanism (charging officials with responsibilities for ecological and environmental protection in addition to their prescribed duties).
The municipal and district leading groups on the building of a sound ecosystem shall be established in this Municipality. Such leading groups shall be responsible for the coordination of the building of a sound ecosystem and environmental protection, and boosting the modernization of environmental governance system and governance capacity. The offices of the municipal or district leading groups shall be set up in the competent departments for ecology and environment at the same level and be responsible for the routine work.
Article 4
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 targets 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 5
Enterprises, public institutions and other producers and business operators shall abide by laws, rules 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 6
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 7
The municipal competent department for ecology and environment (hereinafter referred to as MEED) 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 ecology and environment (hereinafter referred to as DEEDs) 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 and natural resources, water affairs, agriculture and rural areas, market regulation, landscaping and city appearance, urban management and law enforcement and emergency management 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 8
The town/township people’s governments and the sub-district offices shall, under the guidance of the district ecology and environment and other relevant administrative departments, make a comprehensive coordination over the prevention and treatment of the atmosphere, water, noise and light pollution arising in the commercial and living activities of the communities within their respective jurisdictions.
Where the town/township people’s governments and the sub-district offices discover any environmental pollution problem within their jurisdictions, they shall perform their law enforcement duties in accordance with the law enforcement matters prescribed by the Municipal People’s Government. In case a problem does not fall within the scope of their law enforcement duties, they shall report such problem to the district competent department for ecology and environment and other relevant administrative departments in a timely manner.
As for a dispute arising in the environmental pollution provided in the preceding Paragraph, the party concerned may apply for arbitration to the town/township people’s government or the sub-district office.
Article 9
This Municipality shall strengthen the digital construction of environment governance, and shall, based on the Government Online-Offline Shanghai and the One Network Administration, make full use of modern information technologies such as big data, Internet of Things and artificial intelligence to enhance work of information collecting, sharing and application of environment supervision, and to upgrade the intelligent level of environment governance.
Article 10
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 protection technology, and raise the level of the environmental protection science and technology.
Article 11
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, rules, 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, rules, regulations and knowledge, and conduct supervisions by public opinion over the acts of violation of the environment law.
Article 12
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 13
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 ecology and environment, development & reform, economy and informatization, planning and natural resources, housing and urban-rural development, transport, agriculture and rural areas, 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 region, 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 14
The MEED 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 DEEDs 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 MEED before granting their approval.
The environmental protection planning shall be incorporated into the municipal and district national economic and social development planning and territorial space plans.
The ecology and environment departments shall, together with relevant administrative departments, organize the implementation of the approved environmental protection planning and the related specialized environmental protection planning.
Article 15
The Municipal People’s Government shall, in accordance with the ecological environment and resource utilization within this administrative region, formulate ecological and environmental zoning and control plans as well as ecological environment access list, and shall, in accordance with law, report to the department of ecology and environment of the State Council for the record before implementation. The ecological and environmental zoning and control plan and the ecological environment access list shall dovetail with the territorial space plans.
Article 16
The MEED shall, together with relevant administrative departments, draw up environmental functional zoning plans for surface waters, atmospheric quality, and acoustic environment in this Municipality, according to the territorial space 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 17
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 and natural resources, and 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, ecology and environment, and planning and natural resources shall give guidance thereto.
Article 18
When organizing the preparation of the municipal and each district’s territorial space plans, 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 19
When organizing the preparation of the road lighting, landscape lighting and other relevant plans on urban lighting, the municipal administrative departments of housing and urban-rural development, and landscaping and city appearance shall, in accordance with the economic and social development level in this Municipality as well as the needs of ecological and environmental protection, traffic safety and upgrading the urban quality, clearly define the measures for brightness management, and make requirements on the lighting effect and the control of optical radiation in different regions.
Article 20
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 21
This Municipality shall integrate carbon peaking and carbon neutralization into the overall economic and social development, promote comprehensive green transformation of economic and social development, accelerate the formation of industrial structure, production methods, lifestyle and spatial pattern that conserve resources and protect the environment in order to achieve the high-quality development that prioritizes ecology and that is green and low carbon.
Article 22
This Municipality advocates a green development and a green way of life. The municipal administrative departments of development & reform, and ecology and environment 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 23
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 24
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 ecology and environment department and relevant experts.
The administrative departments of development & reform, economy and informatization, and resource distribution 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 and natural resources, and ecology and environment shall optimize the industrial layout, and gradually arrange the pollutant-discharging industrial projects into the industrial parks determined in the territorial space plan.
Article 25
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, 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 ecology and environment department and the economy and informatization department.
Article 26
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 27
The administrative departments of development & reform, housing and urban-rural development, and planning and natural 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.
The administrative departments of housing and urban-rural development, and greening and city appearance in this Municipality shall, in accordance with the relevant plans on urban lighting and energy conservation, improve the intelligent control network for urban lighting, promote the use of new lighting technologies and products which are energy-saving and environmentally friendly in order to improve the green and low-carbon level of urban lighting.
Article 28
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, landscaping 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 29
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 offices 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 30
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 31
Hotels, shopping-sites, catering services and bathing service enterprises shall use products conducive to resource recycling and environmental protection, take such measures as environmental protection tips, preferential prices, rewarding gifts and discouraging the use of disposable products to guide consumers to reduce the use of disposables, while the municipal administrative departments of culture and tourism, and commerce shall strengthen their supervision.
Article 32
Production, sale and use of disposable plastic products that are explicitly prohibited or restricted by the State and this Municipality shall be prohibited or restricted.
This Municipality encourages and guides green designs for plastic products, and promotes the use of alternative products that are recyclable, easy to collect and renewable to reduce the use of disposable plastic products.
Chapter IV Environmental Supervision and Control
Article 33
This Municipality shall implement the system of controlling the total discharging amount of key pollutants.
The MEED 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 MEED 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 DEEDs 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 MEED within 15 days after the approval.
Article 34
The quota of the total discharging amount of key pollutants for existing pollutant-discharging units shall be determined by the municipal or district ecology and environment 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 ecology and environment 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 35
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 ecology and environment 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 36
The MEED 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 ecology and environment 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 ecology and environment 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 be counted 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 37
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 ecology and environment 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 38
The ecology and environment 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 time 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; or
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 preceding Paragraph, the ecology and environment department may suspend the approval of the environmental impact appraisal document of the said group’s construction project that will produce key pollutants.
Article 39
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 MEED or the DEED for a pollutant discharge license.
The pollutant discharge license shall specify such contents as the types, density or limit, 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 ecology and environment department shall make adjustments according to law to the items specified in the license.
Article 40
This Municipality encourages a trading of the quota of total discharging amount of key pollutants. The MEED 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 41
The ecology and environment 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 equipment according to the relevant provisions of the State and this Municipality, which shall be connected to the network of the ecology and environment 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 MEED 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 ecology and environment department and with a corresponding qualification may function as the basis for the environmental law enforcement and administration.
Article 42
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 MEED or the DEEDs.
Article 43
When public health emergencies occur, the municipal and district people’s governments shall coordinate the collection, transport, storage and disposal of medical waste, medical sewage treatment and other work, ensure the required vehicles, sites, disposal facilities and protective supplies; and shall provide operating personnel with accommodations and other supplies when necessary and implement closed-loop management. The administrative departments of health, ecology and environment, landscaping and city appearance, transport, and water affairs shall cooperate with the municipal and district people’s governments, and shall perform their duties of emergency response according to law.
Article 44
This Municipality shall implement an agreement system for the environmental pollution prevention and treatment.
In any one of the following cases, the ecology and environment 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, rules, 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; or
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 ecology and environment department and reaches the agreed target of pollutant discharge reduction, the ecology and environment department shall give rewards and support thereto.
Where the said unit violates the said agreement, it shall bear the responsibility as agreed.
Article 45
The ecology and environment departments, their environmental law enforcement 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 46
The MEED or the DEED 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 hazardous 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, rules or regulations which have caused, or may cause serious pollution.
Article 47
In any one of the following cases, the MEED 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 48
The administrative agency of an industrial park shall establish an accountability system for the park’s environmental protection, and shall perform the following duties of environmental protection:
1. specifying the working body of the park’s environmental protection and its executives;
2. implementing the ecological and environmental zoning and control and relevant provisions on ecological environment access;
3. making good planning of the park’s environmental infrastructure, building auxiliary environmental infrastructure for atmospheric environmental monitoring, sewage collection and treatment, solid waste collection, storage and transport, and noise prevention and treatment;
4. establishing an operation and maintenance system for the environmental infrastructure, and ensuring its normal operation;
5. carrying out environmental protection inspection on pollutant-discharging unit in the park, and report to the ecology and environment department and other relevant administrative departments in a timely manner upon discovery of any violations of environmental provisions; and
6. other duties of environmental protection administration prescribed by the State and this Municipality.
Article 49
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 MEED or DEED immediately and relevant production and operation activities shall be stopped.
Article 50
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, rules and regulations.
Where a pollutant-discharge unit is shut down or moved, it shall report to the MEED or DEED in advance according to the provisions, formulate a scheme for a clean-up and safe handling of the pollutant residue, and safely treat the unhandled sewage, poisonous and harmful gas, solid industrial wastes, radioactive sources and wastes and their storage and disposal facilities and sites.
Article 51
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 MEED or DEED according to the provisions.
The third-party agency that accepts the entrustment shall abide by the requirements of environmental protection laws, rules, 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 52
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 53
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 54
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 ecology and environment, 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 55
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 MEED 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 56
The municipal and district people’s governments shall coordinate the construction of centralized urban and rural sewage treatment facilities and the supporting pipeline networks, and shall ensure their normal operation to improve sewage collection and treatment capacity in urban and rural areas.
The municipal and district people’s governments shall carry out investigation and rectification of the sewage outfalls into rivers and lakes in their administrative regions, specify liability subjects, and exercise classified management.
The construction, reconstruction or expansion of sewage outfalls in rivers or lakes shall, in accordance with relevant provisions, report to the competent department of ecology and environment or the basin ecology and environment regulatory institution for approval. In water functional zones that fail to meet the water quality targets, the construction, reconstruction, or expansion of sewage outfalls shall be strictly controlled except for the outfalls of centralized sewage treatment facilities.
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, cranny, solution cavity or rainwater outlets or to transport production sewage to other places for treatment.
Transportation of highly toxic chemicals and other hazardous chemicals prohibited by the nation through inland waters in the Yangtze River basin shall be prohibited, and vessels transporting dangerous chemicals are prohibited from entering the protected area of Taipu River drinking water sources.
Article 57
The MEED shall, jointly with relevant municipal administrative departments of planning and natural resources, economy and informatization, agriculture and rural areas, 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 hazardous 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 MEED or the DEED. 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 or 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 MEED jointly with the municipal administrative departments of planning and natural resources, and economy and informatization.
Article 58
The municipal administrative departments of agriculture and rural affairs, and landscaping and city appearance shall, jointly with the ecology and environment, planning and natural 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 rural areas 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 unused land, reclaimed land or other land is planned to be converted into arable land, the district departments of agriculture and rural affairs shall, jointly with the departments of ecology and environment, and planning and natural resources, conduct a soil contamination survey. The land can only be used for agriculture production when the survey finds it meets the environmental quality standards for agricultural land.
Article 59
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 60
This Municipality shall establish a joint prevention and control mechanism for environmental pollution by solid wastes with relevant provinces and cities in the Yangtze River Delta Region to strengthen the coordination and sharing of the capacity of solid waste utilization and disposal, and to enhance coordinated management and joint prevention of environmental risks.
This Municipality shall take measures to urge the reduction of industrial solid waste, domestic waste, construction waste, agricultural solid waste, hazardous waste and other solid waste, to encourage the recycling of solid wastes as resources through the application of advanced technologies, processes, equipment and management measures, and to dispose of those non-recyclable solid wastes in a harmless-to-nature way. In the case of recycling of hazardous solid wastes as resources, such recycling and its product shall conform to the relevant provisions and standard specifications of the State and this Municipality. The hazardous waste producer 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 MEED or the DEED. The hazardous waste recycling unit 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 hazardous wastes, it shall go through relevant formalities with the MEED according to relevant provisions, and shall implement environmental protection, production safety and other requirements.
The transportation of hazardous wastes shall comply with relevant provisions of the State and this Municipality on the transportation of hazardous wastes. It is prohibited to transport to this Municipality solid wastes from abroad, hazardous wastes from other provinces and municipalities, and solid wastes not used as recyclable raw materials. It is prohibited to provide or entrust the collection, storage, utilization and disposal of hazardous wastes to units or individuals without a license for the operation of hazardous wastes. It is prohibited to dump, stack, discard or scatter hazardous wastes without authorization.
Where a centralized disposal facility or site for hazardous wastes is to be retired or shut down, the business unit shall report that to the MEED or the DEED for approval three months before the retirement or shut-down, and ensure the subsequent work is well done as required by the ecology and environment department.
Article 61
Units and individuals discharging noise shall take effective measures to ensure that the environmental noise discharged thereby complies with the noise discharge standard provided by the State and this Municipality.
Except for rush repairs and emergency rescue operations, construction activities causing noises shall be prohibited at nighttime in areas where noise-sensitive buildings are concentrated. 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 ecology and environment department in advance. The DEED shall issue a certificate within three working days and notify the applicant in writing; in case of a refusal of the application, the reason therefor shall be stated. Those construction units with the certificate shall publicize the certificate in a conspicuous place at the construction site or notify the neighborhood by other means.
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 62
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 ecology and environment 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 MEED or the DEED 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 63
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 64
The installation of outdoor lighting sources and use of reflective materials for exterior walls of buildings shall conform to the relevant provisions and standard specifications of the State and this Municipality.
Article 65
This Municipality shall strictly control the use of reflective materials for exterior walls of buildings. Where the reflective materials are used for exterior walls of buildings, the ecology and environment department shall organize a demonstration on 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 exterior walls made of reflective materials.
Where the installation of lighting sources for road lighting, landscape lighting, outdoor advertising and outdoor signboard does not meet the lighting limit and other requirements, the installer shall adjust the lighting sources in a timely manner to avoid their impact on the normal life of the neighboring citizens and the safe driving of vehicles and vessels. The administrative departments of housing and urban-rural development, and landscaping and city appearance shall strengthen supervision and administration according to their respective functions and duties.
The municipal administrative departments of public security and transport shall, during the construction of surveillance facilities, promote the application of low-light/ no-light level night vision technologies to prevent the fill light for surveillance appliances from causing glare distraction to vehicle drivers and pedestrians.
Article 66
Where lighting sources are set up in and around residential areas, reasonable measures shall be taken to control the brightness and illumination of the light exposure to the outer surface of the windows of a residential room.
Installation of floodlighting, laser lighting and other landscape lighting directly shone on the window of a residential room is prohibited. Where there exists a proven need for such landscape lighting to create lighting effect in areas including the Bund, the North Bund and the heart of Lujiazui, the municipal administrative department of landscaping and city appearance shall properly control the length, start time and end time of the lighting, and shall make them known to the public.
When a construction unit performs welding operation or uses the lighting for nighttime construction, it shall take effective measures to shade the lighting to avoid direct illumination on residential buildings.
Chapter VI Open Information and Public Participation
Article 67
The MEED shall periodically publish a bulletin on the environmental state of this Municipality.
The MEED, the DEED, 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, and name and address lists of key pollutant-discharging units.
In case of environmental emergencies, the municipal and district people’s governments and their ecology and environment departments shall promptly publish relevant information according to law.
The municipal ecology and environment 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 68
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 a 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 Paragraph on the enterprise and public institution’s environmental information publicity platform established by the MEED.
Article 69
The municipal planning preparation department shall, before submitting a development and utilization planning for an examination and approval, open to the public the environmental impact appraisal document on the planning, 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 ecology and environment 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 70
This Municipality shall urge the establishment of an administrative system for an enterprise’s environmental credit. The MEED and the DEED 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 MEED 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 71
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 72
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 ecology and environment 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 73
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 74
Where laws or administrative rules have provisions on the punishment for acts in violation of these Regulations, these provisions shall prevail.
Article 75
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, rules or 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, cranny, solution cavity or rainwater outlets to evade supervision;
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 hazardous wastes without authorization, or without taking corresponding preventive measures for hazardous 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, rules or regulations.
Article 76
Where a unit, in violation of the provisions of Paragraph 3 of Article 34 of these Regulations, discharges pollutants in excess of the provided limit for the quota of the total discharging amount, the MEED or the DEED shall order it to make corrections, limit or 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 77
Where a development unit, in violation of the provisions of Paragraph 1 of Article 36 of these Regulations, fails to file for record according to law, the DEED 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 78
Where a unit, in violation of the provisions of Article 39 of these Regulations, discharges pollutants without obtaining a pollutant discharge license according to law, or fails to discharge pollutants according to the requirements specified in the pollutant discharge license, the MEED or the DEED shall order it to make a correction, and shall, in accordance with the law, impose punishment including a fine, an order to limit production or to suspend production for a rectification, an order to stop production or shut down, and the revoking of the pollutant discharge license.
Article 79
Where a unit, in violation of the provisions of Paragraph 2 or 3 of Article 41 of these Regulations, commits any one of the following acts, the administrative departments of ecology and environment, 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 ecology and environment department and to ensure the normal operation of the monitoring device; or
2. failing to conduct a pollutant discharge monitoring and to keep the original monitoring records according to the provisions.
Article 80
Where an enterprise or a public institution, in violation of the provisions of Paragraph 2 of Article 42 of these Regulations, fails to file its own contingency plans for environmental emergencies with the ecology and environment department, the MEED or the DEED 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 81
Where a unit, in violation of the provisions of Paragraph 1 or 2 of Article 49 of these Regulations, has not formulated its operational rules and procedures, or has not made a report in time according to the provisions, the MEED or the DEED 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.
Article 82
Where a unit, in violation of the provisions of Paragraph 1 of Article 50 of these Regulations, fails to establish and keep an environmental management logbook or the logbook’s content is not completely or truthfully recorded, the MEED or the DEED 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 Paragraph 2 of Article 50 of these Regulations, fails to make a report to the ecology and environment department according to the provisions, or to do a safe treatment to relevant pollutants, facilities and sites, the MEED or the DEED 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 83
Where a unit, in violation of the provisions of Article 53 of these Regulations, refuses to fulfill the measures of suspending or limiting its production, the ecology and environment 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 urban management & law enforcement 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 84
Where a consigner, in violation of the provisions of Paragraph 2 of Article 54 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 Paragraph 3 of Article 54 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 safety 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 85
Where a unit, in violation of the provisions of Paragraph 1 of Article 55 of these Regulations, discharges flying dust not in compliance with this Municipality's standard for flying dust control, the DEED 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 86
Where a unit, in violation of the provisions of Paragraph 4 of Article 56 of these Regulations, discharges sewage through rainwater outlets or transports its production sewage to other places for treatment, the MEED or the DEED 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, in violation of the provisions of Paragraph 5 of Article 56 of these Regulations, transports poisonous chemicals and other dangerous chemicals prohibited by the State through island waters in the Yangtze River basin, the maritime safety department shall order it to make a correction, confiscate its illegal income, impose a fine of not less than 200,000 yuan but not more than 2000,000 yuan, and impose a fine of not less than 50,000 yuan but no more than 100,000 yuan on the supervisor directly in charge and other directly responsible personnel. Where the case is serious, the said vessel shall be ordered to suspend business for rectification, or its relevant licenses shall be revoked.
Where a vessel transporting dangerous chemicals other than those provided in the preceding Paragraph, in violation of the provisions of Paragraph 5 of Article 56 of these Regulations, enters the protected area of Taipu River’s drinking water sources, the maritime safety 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 87
Where a unit or an individual, in violation of the provisions of Paragraph 1 of Article 57 of these Regulations, fails to bear the responsibility for the restoration, the MEED or the DEED 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 Paragraph 2 of Article 57 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 MEED or the DEED 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 Paragraph 3 of Article 57 of these Regulations, fails to make an anti-seepage treatment as required, the MEED or the DEED 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 88
In violation of the provisions of Article 59 of these Regulations with either one of the following cases, the MEED 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; or
2. A user unit of microbial agents uses without an authorization the microbial agents that fail to pass the environmental safety appraisal.
Article 89
Where a producer unit, in violation of the provisions of Paragraph 2 of Article 60 of these Regulations, fails to organize a technical demonstration or to file with the ecology and environment department before its recycling of wastes as resources, the MEED or the DEED 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 hazardous wastes or fails to make a comprehensive recycling according to the filed recycling plan, the MEED or the DEED 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 Paragraph 4 of Article 60 of these Regulations, provides or entrusts the collection, storage, utilization and disposal of hazardous wastes to units or individuals without a license for the operation of hazardous wastes, or dumps, piles hazardous wastes or discards, scatters hazardous wastes during the transportation without authorization, the municipal or district department of ecology and environment shall order him/her to make a correction, confiscate his/her illegal income, and impose a fine of not less than three times but not more than five times the disposal expenses. Where the required disposal expenses are less than 200,000 yuan, it shall be calculated as 200,000 yuan. Where the case is serious, the wrongdoer may be ordered to suspend or terminate its business with the approval of competent people’s governments.
Article 90
Where an industrial enterprise, in violation of the provisions of Paragraph 1 of Article 61 of these Regulations, produces noises in excess of the discharge standard for noise provided by the State and this Municipality, the MEED or the DEED shall order it to make a correction, limit production or to suspend production for a rectification and impose a fine of not less than 20,000 yuan but not more than 200,000 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 construction unit, in violation of the provisions of Paragraph 2 or 3 of Article 61 of these Regulations, operates the construction without obtaining the certificate in accordance with provisions, or operates during the specific time period when such activities are prohibited, the local ecology and environment 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; if it refuses to make a correction, the department shall order it to suspend production.
Article 91
Where anyone, in violation of the provisions of Paragraph 1 of Article 62 of these Regulations, conducts any one of the following acts, the MEED or the DEED 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 Paragraph 2 of Article 62 of these Regulations, engages in activities of producing, selling, using, transferring, importing or storing radioactive isotopes or ray devices, the MEED or the DEED 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 92
Where a unit, in violation of the provisions of Article 63 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 MEED or the DEED 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 93
Where a construction unit, in violation of the provisions of Paragraph 2 of Article 66 of these Regulations, installs floodlighting, laser lighting or other landscape lighting directly shone on the window of a residential room, or fails to meet the controlling requirement of landscape lighting in areas including the Bund, the North Bund and the heart of Lujiazui, the urban management and law enforcement department shall order it to make a correction or demolish the lighting within a prescribed time limit; if it refuses to make a correction or demolish the lighting, it shall be imposed on a fine of not less than 5,000 yuan but not more than 50,000 yuan.
Where a construction unit, in violation of the provisions of Paragraph 3 of Article 66 of these Regulations, fails to take effective measures to shade the lighting, the urban management and law enforcement department shall order it to make a correction, and may impose a fine of not less than 10,000 yuan but not more than 50,000 yuan thereon; if it refuses to make a correction, the department may order it to suspend construction.
Article 94
Where a pollutant-discharging unit, in violation of the provisions of Article 68 of these Regulations, fails to make public the environmental information as required, the MEED 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 95
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 MEED or the DEED 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 96
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 97
Where a pollutant-discharging unit, in violation of the provisions of these Regulations, conducts any one of the following illegal pollutant discharges, besides imposing a punishment according to relevant laws, rules or regulations, the ecology and environment department 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 ecology and environment department but refusing to make the implementation;
4. dumping hazardous wastes without authorization or discharging sewage by such ways as concealed pipes, seepage wells, seepage pits, cranny or solution cavity; or
5. having an accident of environmental protection.
Article 98
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, rules, regulations or relevant technical norms, or makes falsification in relevant environmental service activities, the ecology and environment 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 500,000 yuan 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, rules and regulations, it shall also bear joint liability with other persons liable who cause the environmental pollution and ecological destruction.
Article 99
Where the ecology and environment department or other departments that bear the duty of supervision and administration over the environmental protection have 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 person responsible 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 for;
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, rules or regulations.
Article 100
Where a pollutant-discharging unit or individual violates the provisions of laws, rules 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 101
These Regulations shall be effective as of October 1, 2016.