Regulations of the People’s Republic of China on the Prevention and Control of Atmospheric Pollution
Regulations of the People’s Republic of China on the Prevention and
Control of Atmospheric Pollution
(Adopted at the 14th Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on July 25, 2014; amended according to 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 Supervision and Administration of the Prevention and Control of Atmospheric Pollution
Chapter III Prevention and Control of Pollution Produced by Energy Consumption
Chapter IV Prevention and Control of Pollution from Motor Vehicles and Ships
Chapter V Prevention and Control of Pollution by Waste Gas, Dust and Fetor
Chapter VI Cooperation in Atmospheric Pollution Prevention and Control in the Yangtze River Delta Region
Chapter VI Legal Liability
Chapter VIII Supplementary Provision
Chapter I General Provisions
Article 1
With a view to preventing and controlling atmospheric pollution, improving the quality of atmospheric environment in this Municipality, ensuring the health of the public, advancing the process of ecological cultivation, and promoting sustainable economic and social development, these Regulations are formulated in accordance with the Environmental Protection Law of the People’s Republic of China, and the Law of the People’s Republic of China on the Prevention and Control of Atmospheric Pollution, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations apply to the prevention and control of atmospheric pollution within the administrative area of this Municipality.
Article 3
The prevention and control of atmospheric pollution is the common responsibility of the whole society.
The prevention and control of atmospheric pollution in this Municipality abides by the principle of human-orientation, prevention as the main measure and combined with control, joint efforts for treatment, regional cooperation, and liability for damage.
Article 4
The people’s governments at all levels of this Municipality shall strengthen leadership in the protection of atmospheric environment, incorporate the protection into their national economic and social development plans, make rational plans for the urban and rural development and the distribution of industrial layout, guarantee the fund input for environmental protection, adopt effective measures for atmospheric pollution prevention and control, make more efforts in ecological protection and pollution control, and conserve and improve the atmospheric environment.
Article 5
The municipal competent administrative department of environmental protection shall conduct unified supervision and administration of the prevention and control of atmospheric pollution in this Municipality, and take charge of organizing for the implementation of these Procedures. The district competent administrative departments of environmental protection shall conduct specific supervision and administration of the prevention and control of atmospheric pollution in their respective jurisdictions.
The municipal and district administrative departments of development & reform, economy and informatization, and planning, land and resources shall be responsible for structure adjustment of energy and industry and for industrial layout optimization.
The municipal and district administrative departments of public security traffic management, and transport, and the administrative department of state maritime safety shall, according to their respective functions and duties, conduct supervision and control of the atmospheric pollution caused by motor vehicles and vessels.
The municipal and district administrative departments of construction, greening and city appearance, transport, and housing shall, according to their respective functions and duties, conduct supervision and control of the atmospheric pollution from flying dust.
The municipal and district departments of finance, agriculture, quality and technical supervision, industry & commerce, education, health, city management law enforcement, and meteorology shall cooperate in implementing these Regulations within their respective and duties.
Article 6
The town/township people’s government and sub-district office may, under leadership of the district department of environmental protection, coordinate in the prevention and control of atmospheric pollution caused by providers of catering, auto repairs, hardware processing, dry cleaning and other auxiliary service to the community.
As for disputes arising from atmospheric pollutant discharged by the service providers set forth in the preceding clause, the parties concerned may apply for mediation to the town/township people’s government or the sub-district office.
Article 7
This Municipality shall carry out the responsibility system and assessment system for atmospheric environmental protection target. The municipal and district people’s governments shall take the completion of the atmospheric environmental protection goal and task as the content of assessing their relevant departments, the people’s government at the next lower level, and persons-in-charge thereof. The assessment results shall be taken as an important content of performance assessment of the government and relevant departments, and be made public.
Article 8
Entities and individuals that discharge atmospheric pollutants shall strengthen internal management, perfect their environmental management systems, adopt advanced production techniques and pollution control technology, and prevent and reduce pollution of atmospheric environment; if they cause pollution of atmospheric environment, they shall bear legal liability according to law.
Article 9
This Municipality shall encourage and support the development of relevant industries for protection of atmospheric environment, and encourage investment of social capital in the field of atmospheric pollution prevention and control.
Article 10
This Municipality shall encourage the scientific research and international and regional cooperation and exchange in atmospheric environmental protection, encourage the development and utilization of clean energy, and popularize advanced clean energy and atmospheric pollution prevention and control technologies.
Article 11
This Municipality shall advocate a civilized, economical and green way of consumption and life.
Enterprises, public institutions, social organizations, and individuals shall observe laws and regulations on the prevention and control of atmospheric pollution, fulfill their obligation of protecting the atmospheric environment, and participate in the protection of atmospheric environment.
The people’s governments at all levels and their relevant departments shall strengthen publicity and popularization of the scientific knowledge of, and build a good trend of atmospheric environment protection. The administrative department of education shall gradually promote education in environmental protection, including the knowledge of atmospheric environmental protection into the content of school education to cultivate the youths’ awareness thereof.
Article 12
Every unit and individual within the administrative area of this Municipality has the right to tip of facts of polluting the atmospheric environment and acts of the departments of environmental protection and other relevant administration and their personnel failing to fulfill their duties according to law.
The municipal department of environmental protection shall publicize a citywide unified informants’ phone number and make timely disposition of the tip-offs. If a tip-off proves to be true upon investigation, the environmental protection department shall reward the informant according to relevant provisions.
News media in this Municipality shall conduct publicity of laws and regulations on, and scientific knowledge of, atmospheric environmental protection, and conduct supervision by public opinion over illegal acts.
Article 13
The municipal or district people’s governments shall commend and reward entities and individuals that make outstanding achievements in the prevention and control of atmospheric pollution and in the protection and improvement of atmospheric environment.
Chapter II Supervision and Administration of the Prevention and
Control of Atmospheric Pollution
Article 14
The municipal department of environmental protection shall, jointly with relevant departments, organize for the formulation of this Municipality’s plan for the prevention and control of atmospheric pollution, and organize for the implementation thereof after approval by the Municipal People’s Government.
The Municipal People’s Government shall formulate the plan and phased target for atmospheric environment meeting the standards, take strict measures for the control of atmospheric pollution, and ensure that this Municipality achieves the atmospheric environmental quality standards provided by the State within the prescribed time limit.
Article 15
This Municipality shall, according to the provisions of the State, classify the functional area for atmospheric environmental quality. The municipal department of environmental protection shall, pursuant to the overall city planning, the target of environmental protection plan and requirements of the functional area for atmospheric environmental quality, put forward this Municipality’s key areas under control of atmospheric pollution and the control target thereof, the division of functions and duties as well as the scheme for meeting the standards within the time limit, and shall organize for the implementation thereof after approval by the Municipal People’s Government.
Article 16
This Municipality shall carry out the administration system that combines the control of both the concentration of atmospheric pollutant emissions and the total discharge of major atmospheric pollutants.
No discharge into the atmosphere of any pollutant, in concentration, shall exceed the emission standards provided by the State and this Municipality.
This Municipality shall, pursuant to the concrete measures provided by the State Council, exercise the total discharge control over major atmospheric pollutants. The municipal department of environmental protection shall draw up a list of major atmospheric pollutants in accordance with the state requirements and in the light of the actual circumstances of this Municipality, and shall publish the list after approval by the Municipal People’s Government.
Article 17
The municipal department of environmental protection shall, pursuant to the State’s total discharge of major atmospheric pollutants at different periods authorized by the State, and to the capacity of atmospheric environment and to the socio-economic development level, draw up this Municipality’s plan for the control of the total amount of major atmospheric pollutant emissions at different periods, and shall organize for the implementation thereof after approval by the Municipal People’s Government.
The district administrative department of environmental protection shall, in accordance with this Municipality’s plan for the control of the total discharge of major atmospheric pollutants and in the light of the actual circumstances in the respective jurisdiction, draw up the implementation plan for the control of the total amount of major atmospheric pollutant emissions therein and organize for the implementation thereof after approval of the district people’s government, and shall report to the municipal department of environmental protection for the record.
For pollutant-discharging entities that have existed before the implementation of total discharge control, their total discharge quota of major atmospheric pollutants shall be set by the municipal or district department of environmental protection in accordance with the conditions and procedures provided by the State Council, in line with the principles of openness, fairness and impartiality, and also pursuant to the current discharge amount, the industrial development planning and the requirements of clean production of different entities as well as the implementation plan for the control of the total amount of major atmospheric pollutant emissions in the respective jurisdiction, and shall be authorized by the people’s government at the corresponding level.
Article 18
This Municipality shall carry out the licensing system for the discharge of major atmospheric pollutants. Entities under stress supervision determined by the environmental protection department shall obtain the license for major atmospheric pollutant emissions (hereinafter referred to as the “discharge license”); without the discharge license, no major atmospheric pollutant shall be discharged.
With regard to pollutant-discharging entities that have existed before the implementation of total discharge control, where major atmospheric pollutant emissions are within the authorized total discharge quota, the municipal or district people’s government shall issue the discharge license; where major atmospheric pollutant emissions exceed the authorized quota of total emissions, the municipal or district people’s government shall issue an order to limit or stop production for correction. Construction, expansion or reconstruction of projects which discharge major atmospheric pollutants shall acquire the total discharge quota thereof as required, and then go through the formalities of environmental protection examination and approval on construction projects. The atmospheric pollutant disposal facilities of the project must pass the acceptance check by the municipal or district department of environmental protection before the discharge license is obtained.
The conditions for applying for a discharge license shall be separately formulated by the municipal department of environmental protection according to the provisions of relevant laws and administrative regulations of the State.
Article 19
This Municipality shall encourage the trading of total discharge quota of major atmospheric pollutants. The municipal department of environmental protection shall, jointly with relevant administrative departments, explore the establishment of this Municipality’s total discharge quota trading of major atmospheric pollutants, and perfect the trade rules.
Article 20
The administrative departments of development & reform, environmental protection, and finance may study and formulate relevant policies to levy phased differential electricity prices before correction of illegal acts on entities that are punished for such serious illegal acts as discharging main atmospheric pollutants without discharge license, discharging main atmospheric pollutants in excess of the standards, or discharging main atmospheric pollutants in excess of the authorized total discharge quota.
If an electricity supply enterprise charges for differential electricity prices as provided in the preceding clause, the part of differential electricity charges shall be kept in a separate account for management, and be turned over to the municipal-level public finance.
Article 21
This Municipality shall strictly control the industrial development that seriously pollutes the atmosphere.
When formulating the guiding catalogue of industrial structure adjustment of this Municipality jointly with the municipal development & reform and other relevant administrative departments, the municipal administrative department of economy and informatization shall, according to the atmospheric environmental quality of this Municipality, list the industries that seriously pollute the atmosphere in the catalogue of elimination class.
The relevant municipal departments of economy and informatization, development & reform, planning, land and resources, and environmental protection shall optimize the industrial layout gradually, and arrange the industrial projects that discharge atmospheric pollutants in the industrial parks determined in the urban and rural planning. The administrative agency of industrial zones shall perfect relevant environmental infrastructure so as to reduce the atmospheric pollutant emissions.
Article 22
If a town/township or an industrial park has any of the following cases, the environmental protection department may suspend the approval of the environmental impact assessment document for a construction project that will produce atmospheric pollutants in the region:
1.The discharge amount of atmospheric pollutants exceeds the index of total discharge control;
2. It fails to complete the task of eliminating high-polluting industries, technologies, and equipment in time;
3. It fails to complete the task of atmospheric pollution control in time;
4. The auxiliary environmental infrastructure is incomplete; or
5. Other cases provided by the Municipal People’s Government.
If an enterprise group has any of the cases set forth in Item 1, 2 or 3 in the preceding clause, the environmental protection department may suspend the approval of the environmental impact assessment document for the group’s construction project that will produce atmospheric pollutants.
Article 23
The municipal administrative department of economy and informatization shall, jointly with relevant municipal administrative departments of development & reform, and environmental protection, according to the atmospheric pollutant emission standard and in the light of the orientation of city function, formulate and adjust regularly the catalogue of industries, technologies and equipment to be eliminated in this Municipality’s industrial fields, which shall be publicized for implementation upon approval by the Municipal People’s Government.
Industries, technologies or equipment listed in the catalogue in the preceding clause shall be adjusted or eliminated within a provided time limit.
Article 24
Entities that discharge pollutants to the atmosphere must ensure that their atmospheric pollutant disposal facilities are in regular service. They must report to the municipal or district department of environmental protection for approval in advance if they demolish the said facilities or leave them unused.
If the atmospheric pollutant disposal facilities are not in regular service due to the reason of maintenance or breakdown, the pollutant-discharging unit shall take the measure of limiting production or shutting down to ensure that atmospheric pollutant discharge reaches the provided standard, and shall report to the district department of environmental protection immediately.
Article 25
Pollutant-discharging entities and individuals are encouraged to entrust third-party institutions with corresponding capacity to operate their pollutant disposal facilities or conduct pollution control. Entities or individuals with no corresponding capacity to operate the said facilities or conduct pollution control shall entrust third-party institutions to conduct the control. Pollutant-discharging entities and individuals shall file the entrustment of third-party institutions to conduct pollution control with the environmental protection department.
Third-party institutions under entrustment shall observe the laws, rules and regulations on environmental protection and the requirements of relevant technical specifications.
Article 26
All entities shall strengthen maintenance and repair of production facilities and pollutant disposal facilities and take measures to prevent atmospheric pollution accidents.
Entities that discharge or may leak poisonous or harmful gas, or gas or gasoloid that contains radioactive substances, and may cause atmospheric pollution accidents, must formulate emergency response plans according to relevant provisions, and report them to the departments of environmental protection and civil defense, and other relevant departments for filing. The departments that accept the filing shall strengthen examination and technical guidance over the filing units.
If an atmospheric pollution accident occurs, the relevant unit shall immediately activate the emergency response plan, take effective measures to prevent the deterioration of the harm of pollution, and report promptly to the environmental protection department. In emergent cases where human health and safety may be harmed, the municipal or district people’s government shall forthwith make an announcement to the local residents, and take mandatory emergency measures including ordering the relevant pollutant-discharging unit to stop the discharge, closing some roads, and evacuating personnel who are or may be harmed by the pollution.
Article 27
The municipal department of environmental protection shall, jointly with the municipal meteorological and other relevant departments, formulate an emergency response plan for heavily polluted environmental air quality according to the atmospheric environmental quality status, and make implementation thereof upon approval of the Municipal People’s Government.
Article 28
This Municipality shall establish a grading early warning and response mechanism for heavily polluted weather.
When heavily polluted weather arises, the Municipal People’s Government shall promptly activate the emergency response plan. It shall release early warning information to the public, and take corresponding response measures according to the different grade of early warning.
According to the provisions of the emergency response plan, the relevant departments of environmental protection, health, and education shall publish public health tips and suggestions via news media in a timely manner, reminding the public to decrease outdoor activities and reduce the outdoor work intensity; the departments of environmental protection, economy and informatization, construction, transport, greening and city appearance, and public security shall take such emergency response measures as suspending or limiting pollutant-discharging unit’s production, stopping operation activities liable to produce flying dust, limiting motor vehicles’ running, and prohibiting ignition of fireworks and firecrackers, and make an announcement to the public, and the relevant entities and individuals shall obey and cooperate.
Article 29
The municipal departments of environmental protection and meteorology shall establish relevant working mechanisms of atmospheric environmental information and meteorological information sharing and forecast and prediction consultation, and jointly release air quality forecast information.
Article 30
The municipal and district department of environmental protection shall be responsible for the monitoring over the atmospheric environmental quality and for supervision and survey of the atmospheric pollution source of this Municipality and establishing and perfecting the atmospheric environment monitoring network.
The municipal department of environmental protection shall release the information of atmospheric environmental quality of this Municipality in a unified manner. The district department of environmental protection shall release the information of atmospheric environmental quality within its jurisdiction according to the norms.
Article 31
Factories that use boilers with the rated vaporization capacity of 20 tons or more orfurnaces with the equivalent atmospheric pollutants discharge, and entities under stress supervision of atmospheric pollutants discharge determined by the municipal department of environmental protection must be equipped with atmospheric pollutants discharge online monitoring devices, and be included into the unified monitoring network by the environmental protection department.
As a constituent part of the environmental pollution control facilities, the online monitoring devices shall be kept in regular service.
The data obtained via the online monitoring may function as the basis for environmental law enforcement and administration.
Article 32
Entities with any of the following cases shall, as required by the environmental protection department, publish such information as the name, way, total amount and concentration of atmospheric pollutant emissions, and discharge exceeding the limit, as well as the unit’s environmental information such as the construction and operation of pollution prevention and control facilities:
1. Being in the name list of entities under stress supervision of atmospheric pollutant emissions;
2. Main atmospheric pollutant emissions exceed the total amount control index;
3. Atmospheric pollutant emissions exceed the limit; or
4. Other cases provided by the State or this Municipality.
The municipal department of environmental protection shall regularly publish the supervision and monitoring information of entities under stress supervision.
Article 33
The municipal and district departments of environmental protection shall include the information of enterprises’, public institutions’ and other producers’ and operators’ violations of atmospheric environment laws into the enterprise credit information system of this Municipality, and regularly publish the name list of such violators.
Chapter III Prevention and Control of Pollution Produced by Energy Consumption
Article 34
The municipal and district people’s governments shall take measures to reasonably control the total energy consumption, gradually reduce the overall consumption of coal, improve the energy structure, and popularize the production and utilization of clean energy.
The municipal administrative department of development& reform shall, jointly with the relevant municipal administrative departments, set the target and control measures for overall coal consumption reduction in this Municipality, and implement it upon approval of the Municipal People’s Government. The district people’s governments shall formulate the specific measures of their own administrative areas according to the target for overall coal consumption reduction in this Municipality and organize for the implementation thereof.
Article 35
The municipal administrative department of development & reform shall, jointly with the relevant departments, push forward the construction of clean energy in this Municipality, and formulate relevant policies to promote the development of clean energy and the adjustment of energy structure.
Except coal-fired power plants, no new installations with heavy-polluting fuels such as coal, heavy oil, residual oil, and petroleum coke (hereinafter referred to as heavy-polluting fuels)shall be constructed in this Municipality; the construction of coal-fired power plants shall follow the relevant provisions of the State and this Municipality.
Except power plant boilers and iron and steel melting furnaces, current installations firing heavy-pollution fuels shall change to consume natural gas, liquefied petroleum gas, electricity or other clean energy instead within the prescribed time limit. The municipal administrative department of economy and informatization shall formulate a specific promotion plan jointly with the relevant departments.
For installations with heavy-polluting fuels that have not used alternative clean energy yet, supporting facilities for desulphurization, denitration and dust removal must be installed or other measures must be adopted to control the discharge of sulfur dioxide, oxynitride, dust and other pollutants; the fuels shall comply with the relevant compulsory standards and requirements provided for by the State and this Municipality.
Article 36
The oxynitride control measure like low nitrogen combustion shall be taken for newly-built boilers and furnaces firing natural gas or other clean energy. As for boilers and furnaces that have fired natural gas or other clean energy, the technical renovation measure of low nitrogen combustion shall be taken within a prescribed time limit.
Boilers, furnaces and installations such as stoves used by entities or for business are prohibited from discharging black smoke easily visible.
Chapter IV Prevention and Control of Pollution from Motor Vehicles and Ships
Article 37
No unit or individual shall manufacture, sell or import motor vehicles that discharge atmospheric pollutants in excess of the prescribed emission standards.
Any person selling motor vehicles with the local emission standards shall submit to the municipal administrative department of environmental protection the data on pollutant emissions of motor vehicles of the model for sale; no motor vehicle that fails the emission standards shall be sold in this Municipality. The municipal administrative department shall, at regular intervals, publish the catalogue of the models of motor vehicles that meet the prescribed pollutant emission standards.
The administrative department of quality and technical supervision shall strengthen the supervision and inspection over the compliance with emission standard of motor vehicles manufactured and sold in this Municipality and shall report the inspection findings to the department of environmental protection on a regular basis.
The department of entry inspection shall inspect and supervise the exhaust pollution by imported motor vehicles according to law.
Article 38
No motor vehicle and vessel running or sailing in this Municipality shall discharge atmospheric pollutants in excess of the emission standards prescribed by the State and this Municipality.
The administrative department of public security traffic management shall not issue the license plate to the motor vehicle that discharges pollutants in excess of the emission standard prescribed by the State and this Municipality. The relevant administrative department shall not register the motor vessel that discharges pollutants in excess of the prescribed emission standard.
Every motor vehicle in use in this Municipality shall, according to the cycle of technical inspections of safety on motor vehicles, take the regular tests of exhaust pollution while undergoing technical inspections of safety. Every motor vehicle must pass the inspection before running on the road. The environmental protection department may increase the exhaust pollution testing frequency for motor vehicles that have been in registration for over 10 years.
Where a motor vehicle in use fails to take the regular tests of motor vehicle exhaust pollution, or upon test, is found to have the discharge of pollutants in excess of the emission standard prescribed by the State or this Municipality, the administrative department of public security traffic management shall not issue the safety inspection conformity mark.
Any motor vehicle and vessel running in this Municipality shall not discharge black smoke easily visible.
Article 39
The tail gas treating devices of motor vehicles shall be kept in normal service. If the vehicle tail gas emission diagnosing system warns or the quality guarantee period of a tail gas treating device expires, the vehicle owner shall have them repaired or renewed in a timely manner to ensure that the vehicle reaches the emission standard.
Article 40
Atmospheric pollutants discharged by non-road mobile machinery used in this Municipality shall not exceed the emission standard prescribed by the State and this Municipality. Owners or users of such machinery shall declare the category, quantity, and place of use of such machinery to the district department of environmental protection.
Non-road mobile machinery used in this Municipality shall not discharge black smoke easily visible.
Article 41
Every motor vehicle service provider shall, in accordance with the requirements for prevention and control of atmospheric pollution and pursuant to the State’s relevant technical specifications, conduct repairs to make motor vehicles in use meet the prescribed emission standard.
The operator engaging in the motor vehicle’s grade-II maintenance, the thorough repair of engine and the overhaul of complete vehicle shall be equipped with detectors of exhaust pollutants as required.
A motor vehicle that, after undergoing the motor vehicle’s grade-II maintenance, the thorough repair of engine, the overhaul of complete vehicle and other services affecting the entire vehicle’s pollutant emission, is found to discharge pollutants in excess of the prescribed emission standard shall not be put into service.
Where a motor vehicle, after undergoing the maintenance items listed in the preceding clause, discharges pollutants in excess of the prescribed emission standard in regular use during the period of maintenance quality guarantee, the motor vehicle service provider shall be responsible for maintenance and repair to make the motor vehicle meet the prescribed emission standard.
The administrative department of transport shall strengthen the supervision and administration over motor vehicle service providers.
Article 42
The municipal department of environmental protection may authorize the test agency with recognized qualification of motor vehicle test to carry out regular tests of exhaust pollution while publishing the catalogue of such test agencies. A test agency without authorization of the municipal department of environmental protection may not conduct regular tests of motor vehicle exhaust pollution.
Every test agency conducting regular tests of motor vehicle exhaust pollution with authorization of the municipal department of environmental protection shall carry out the job according to the test methods and the technical specifications prescribed by the State and this Municipality, offer accurate test reports and regularly report matters about motor vehicle exhaust pollution test to the municipal department of environmental protection for record.
The municipal department of environmental protection shall conduct supervision and spot check over test agencies conducting regular tests of motor vehicle exhaust pollution with authorization. Where a test agency offers inaccurate test reports or fails to carry out motor vehicle exhaust pollution test in compliance with the prescribed test methods and technical specifications, if the case is serious, the municipal department of environmental protection shall revoke authorization for regular tests.
Article 43
The administrative departments of public security traffic management and maritime safety may, jointly with the department of environmental protection, conduct supervisory spot checks for pollutant emission of motor vehicles running on the road and motor vessels sailing on the open navigation waters. The data obtained from remote sensing monitoring may function as basis for environmental law enforcement.
The environmental protection department may conduct supervisory spot checks of exhaust emissions from motor vehicles in use at the parking place thereof.
The owner or driver of motor vehicle in use shall cooperate in the supervisory spot check by the departments of public security traffic management, maritime safety, and environmental protection and shall not refuse or thwart the check.
Article 44
The municipal department of environmental protection shall issue the environmental protection inspection conformity mark to vehicles in this Municipality according to the State’s relevant provisions.
A motor vehicle without an environmental protection inspection conformity mark shall be off the road. Traffic control measures shall be taken over motor vehicles marked as heavy-polluting. The traffic control area and time for heavy-polluting motor vehicles shall be separately provided by the municipal administrative department of public security traffic management jointly with the municipal administrative departments of environmental protection and transport.
Road transportation vehicles without environmental protection conformity marks or marked as heavy-polluting shall not engage in road transportation operation.
Article 45
Where a motor vehicle in use with pollutant emissions in excess of the prescribed standard is beyond repair, the owner of the vehicle shall go through the scrapping formalities in a timely manner with the administrative department of public security traffic management, and the vehicle shall be off the road.
Article 46
The departments of transport, ocean, maritime safety, and fishery as well as other departments with supervisory and administrative power in this Municipality shall strengthen the supervision and check over pollutant emissions from motor vessels.
A motor vessel in use discharging pollutants in excess of the prescribed standard shall be ordered by the department with supervisory and administrative powers for maintenance and repairs within the prescribed time limit.
The municipal administrative department of transport shall, jointly with the relevant departments, push forward the construction of on-shore power supply facilities and low-sulfur oil supply facilities.
Article 47
The municipal administrative department of quality and technical supervision may, according to the actual situation and jointly with the relevant departments, formulate local quality standards for vehicle, vessel and non-road mobile machinery fuels stricter than the national standards.
The fuels sold in this Municipality for vehicles, vessels and non-road mobile machinery must comply with the quality standards prescribed by the State and this Municipality.
As for entities in this Municipality with their own fuels prepared for vehicles, vessels, or non-road mobile machinery, the fuels used thereby must comply with the quality standards prescribed by the State and this Municipality.
The departments of quality and technical supervision, environmental protection, and maritime safety shall strengthen supervision and inspection over the quality of fuel oil in this Municipality according to their respective functions and duties, and publish the inspection findings on a regular basis.
Article 48
The municipal and district people’s governments shall give priority to the development of public transport, propose and encourage the public to take public transport, bicycles or other means for traveling.
State organs, public institutions, large enterprises, and industries such as public transportation and environmental sanitation shall take the lead in popularizing the utilization of motor vehicles with new energy and clean energy.
Chapter V Prevention and Control of Pollution by Waste Gas, Dust and Fetor
Article 49
This Municipality encourages the production and utilization of raw materials and products with low contents of volatile organic compounds.
The municipal administrative department of quality and technical supervision shall, jointly with the municipal department of environmental protection, guide relevant trade associations to publish the catalogue of products with low and high contents of volatile organic compounds on a regular basis.
Products listed in the catalogue of products with high contents of volatile organic compounds shall be marked on their packages or in the instructions.
Article 50
It is forbidden to use products with high contents of volatile organic compounds within environment sensitive areas such as hospitals, schools, and preschool institutions in this Municipality.
This Municipality shall gradually promote the use of products with low contents of volatile organic compounds in key industries such as chemical industry, surface coating, and package printing.
Entities that use financial fund shall give priority to purchasing products with low contents of volatile organic compounds in their procurement.
Article 51
The municipal department of environmental protection shall, jointly with the municipal department of quality and technical supervision, formulate the emission standard and technical specifications for volatile organic compounds in key industries of this Municipality. The relevant entities shall formulate operating rules and organize production management according to the provisions on the emission standard and technical specifications for volatile organic compounds.
Crude oil and finished oil docks, gas stations, oil storage depots, oil tankers, and the clothing dry cleaning industry shall equip themselves with recycling devices for volatile organic compounds.
Production and operation activities that produce waste gas with volatile organic compounds shall be conducted in enclosed space or equipment, and waste gas collecting and treating systems shall be installed and kept in normal service for such activities; for shipbuilding and other production and operation activities that cannot be conducted in enclosed space, effective measures shall be taken to reduce the emission of volatile organic compounds.
Petrochemical enterprises and other enterprises using organic solvent shall establish a leakage detection and repair system as prescribed by the environmental protection department, and shall make timely repair in case of leakage.
In the process of planned maintenance and repair, petrochemical and chemical enterprises using volatile organic compounds shall, as prescribed by the environmental protection department, conduct emission control of volatile organic compounds in the suspending, emptying and cleaning links of production device systems.
Article 52
Wastes incinerators shall be constructed in conformity with the standards prescribed by the State and this Municipality, and shall pass the acceptance check by the municipal department of environmental protection before being put into service.
The operation of wastes incinerators shall strictly follow the operating rules to prevent the generation of secondary pollution, and atmospheric pollutant emissions from the incinerators shall not exceed the prescribed emission standard and total discharge quota.
Article 53
The burning in the open of stalks, dead branches, fallen leaves and other materials that cause smoke dust, or asphalt, asphalt felt, rubber, plastics, garbage, leather, or other materials that produce toxic, harmful gas or gas with fetor or strong peculiar smell.
The town/township people’s governments and sub-district offices shall patrol and supervise acts in violation of the provisions in the preceding clause within their respective areas.
The municipal departments of development & reform, economy and informatization, agriculture, environmental protection, and finance shall formulate relevant policies to encourage and guide the transformation of agricultural production mode and the efficient comprehensive utilization of stalks, and the district people’s governments shall push forward the implementation thereof.
Article 54
The development unit shall define the responsibility of the construction unit for prevention and control of dust pollution in the construction contract.
The construction unit shall make construction in a civilized manner and control dust pollution according to the requirements for dust pollution prevention and control in the construction technical specifications. For construction projects that comply with the conditions prescribed by the municipal administrative department of construction, the construction unit shall install flying dust on-line monitoring devices as prescribed, and the installation and operation expenses of such devices shall be listed in the project budget estimate.
Article 55
Tight-closing measures shall be taken for vehicles loading, unloading and transporting materials liable to produce dust pollution. The transport company and individual shall strengthen maintenance of mechanical tight-closing devices of vehicles, so as to ensure the normal service of the equipment, and that materials in transport do not leak, scatter or fly on the way.
Covering measures shall be taken for vessels loading, unloading and transporting materials liable to produce dust pollution.
Article 56
For such places as ports, docks, freight storages, concrete mixing plants and open storehouses where piled are materials liable to produce dust pollution, enclosing, covering, tight-closing and other measures shall be taken to prevent and control dust pollution, and they shall comply with the following requirements for dust prevention:
1. Conduct hardening treatment of the ground;
2. Have concrete enclosure, or ceiling reservoirs equipped with spraying or other dust suppression measures;
3. In operation with conveyor equipment, dust prevention facilities of vacuuming and spraying shall be installed at the material inputting and unloading places, and be kept in normal service;
4. Set up special ground for vehicle cleaning at the exit, where transport vehicle washing and cleaning facilities shall be installed; and
5. Demarcate the material areas and the roads, remove the scattered materials in a timely manner, keep the roads clean, and wash the roads in a timely manner.
Article 57
Entities and individuals doing clean-keeping tasks on roads and squares as well as in other public places shall do the task according to the requirements for dust pollution prevention and control in the clean-keeping technical specifications.
Article 58
Planting and plant maintenance tasks shall comply with the requirements for dust pollution prevention and control in the greening construction and maintenance technical specifications.
Article 59
Greening or pavement shall be done on bare land in the following areas:
1. For bare land within an unit, the greening or pavement shall be done by the unit;
2. For construction land out of use for three months or longer, the greening or pavement shall be done by the development unit; and
3. For bare land on municipal roads, along rivers, and in public green space, the greening or pavement shall be organized respectively by the administrative departments of transport, water affairs, and greening.
Article 60
In densely inhabited areas and other areas that need special protection according to law, the storing, processing, manufacturing or using substances that produce strong peculiar smell or fetor shall be prohibited.
Article 61
The operator of the catering service shall install and use oil fume purification and peculiar smell disposal facilities as well as online monitoring devices as prescribed by the municipal department of environmental protection, keep them in normal operation, and shall not have pollutant emissions such as oil fumes and smoke dust exceeding the prescribed standards.
The operator of the catering service shall clean and maintain the oil fume purification and peculiar smell disposal facilities on a regular basis and keep the record, so as to prevent pollution caused by oil fumes and peculiar smell to the residential environment in the neighborhood. The environmental protection department shall conduct supervision and check over the oil fume emission and peculiar smell from the catering premises.
No new catering premises shall be set up in the residential buildings in the urban area of this Municipality. As for catering premises planned as auxiliary construction, pollution prevention and control measures such as special flue pipes shall be designed in the construction structure, and the setting-up height of the fume discharge outlet and the control of distance from buildings such as residential buildings nearby shall comply with the environmental requirements.
The catering premises newly set up within the range prescribed in the preceding clause shall use clean energy. The catering premises already established shall change to use clean energy within the time limit prescribed by the Municipal People’s Government.
Article 62
If there are conditions to collect, remove or reduce pollutants in operation activities producing powder dust or waste gas, the operation unit and operators shall take corresponding prevention and control measures as prescribed, and shall not make random discharge.
Article 63
This Municipality shall gradually expand the areas where igniting fireworks and firecrackers is prohibited, and limit the ignition time strictly.
Chapter VI Cooperation in Atmospheric Pollution Prevention and
Control in the Yangtze River Delta Region
Article 64
The Municipal People’s Government shall, according to relevant provisions of the State, establish a coordination and cooperation mechanism for atmospheric pollution prevention and control with relevant provinces in the Yangtze River Delta region, and consult on important matters of atmospheric pollution prevention and control within the region with them on a regular basis.
The relevant departments of environmental protection, development & reform, economy and informatization, planning, land and resources, construction, transport, public transportation traffic management, meteorology, and maritime safety shall establish a communication and coordination mechanism with relevant departments of the adjacent provinces, cities, counties/districts, take measures to optimize the industrial structure and planning layout of the Yangtze River region, promote the substitution of clean energy, make overall plan of the development of regional transportation, enhance the atmospheric environmental information sharing, pollution early warning and emergency cooperation, coordinate in cross-area disputes in pollution, and realize a coordinated development of regional economy, society and environment.
Article 65
When formulating the guiding catalogue of industrial structure adjustment and the catalogues of industries, technologies and equipment to be eliminated provided in Articles 21 and 23 of these Regulations, relevant departments of this Municipality shall consider in an overall manner the coordination with relevant provinces in the Yangtze River Delta region.
Article 66
The Municipal People’s Government shall, jointly with relevant provinces in the Yangtze River Delta region, organize the implementation of motor vehicle’s national emission standard in a timely manner.
The Municipal People’s Government shall, jointly with relevant provinces in the Yangtze River Delta region and according to the requirement of atmospheric pollution prevention and control in the Yangtze River Delta region, study and formulate regional unified goods vehicle and coach replacement and elimination standards, take such measures as vehicle traffic control, and accelerate the elimination of heavy-polluting vehicles.
Article 67
The municipal administrative department of transport shall strengthen coordination with the state department of maritime safety and relevant departments of the related provinces in the Yangtze River delta region, gradually advance in this Municipality the use of low sulfur oil by vessels entering Shanghai Port and the adoption of on-shore power supply by mooring vessels.
Article 68
The Municipal People’s Government shall, jointly with relevant provinces in the Yangtze River Delta region, establish a heavy-polluting weather emergency coordination mechanism for the Yangtze River Delta region, announce promptly the relevant information on early warning and emergency response, and may request relevant provinces and cities to take corresponding response measures as needed.
Article 69
The municipal administrative departments of environmental protection and others shall establish a communication and coordination mechanism jointly with relevant departments of the related provinces in the Yangtze River Delta, and announce promptly relevant information on major projects to be constructed near the border between provinces and cities that might affect atmospheric environment of the adjacent province or city.
Article 70
The Municipal People’s Government shall, jointly with relevant provinces in the Yangtze River Delta region, explore the regional coordinative enforcement of law on atmospheric pollution in the fields of prevention and control of pollution from motor vehicles and prohibition of stalk burning in the open.
Article 71
The Municipal People’s Government shall consult with relevant provinces in the Yangtze River Delta region, and share the following environmental information within the Yangtze River Delta region:
1. information of sources of atmospheric pollution;
2. information of atmospheric environmental quality monitoring;
3. meteorological information;
4. information of testing of motor vehicle emission pollution;
5. information of enterprise environmental credit;
6. information of pollution accidents that may cause cross-regional atmospheric impact; and
7. other information determined by all parties upon consultation.
Article 72
The municipal department of environmental protection shall strengthen cooperation in scientific research in atmospheric pollution prevention and control with relevant provinces in the Yangtze River Delta, organize in carrying out cooperated scientific research in major issues of causes, source tracking, prevention and control policies, standards and measures for regional atmospheric pollution, and push forward the unification of environmental standards in the aspects of energy conservation and emission reduction, pollutant discharge, and industry access and termination.
Chapter VI Legal Liability
Article 73
If laws or administrative regulations have provisions on punishment for acts in violation of the provisions of these Regulations, such provisions shall prevail.
Article 74
The environmental protection department and other relevant administrative departments shall perform their supervisory and administrative duties and responsibilities according to law, and the person-in-charge and other persons held directly responsible shall be given disciplinary sanctions by their work unit or the competent department at the higher level if they commit the following illegal acts; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability as provided by law:
1. failure to accept and handle the matters that should be accepted and handled;
2. failure to investigate and punish the illegal act subject to investigation and punishment, thus causing serious damage to public interests;
3. abusing powers or engaging in malpractice for personal gains; or
4. sealing up or detaining facilities or equipment of enterprises, public institutions or other producers or operators in violation of the provisions of these Regulations.
Article 75
For violation of the provision of Article 18 of these Procedures, discharging major atmospheric pollutants without discharge license or discharging atmospheric pollutants in excess of the authorized total emission quota, the municipal or district department of environmental protection shall issue an order to make correction or to limit or stop production for correction and also impose a fine of not less than 100,000 yuan but not more than 1000,000 yuan; if the case is serious, the municipal or district department of environmental protection shall report to the people’s government at the same level to issue an order for business suspension or shutdown.
Article 76
For violation of the provision of Clause 2 of Article 23 of these Procedures, failing to adjust or eliminate industries, technologies or equipment listed in the catalogue of elimination within a prescribed time limit, the municipal or district administrative department of economy and informatization shall report to the people’s government at the same level to issue an order for business suspension or shutdown of relevant enterprises.
Article 77
For any of the following cases in violation of the provision of Clauses 1 or 2 of Article 24 of these Procedures, the municipal or district department of environmental protection shall issue an order to stop production, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan:
1. The atmospheric pollutant disposal facilities fail to be kept in regular service;
2. The atmospheric pollutant disposal facilities are demolished or left unused without approval; or
3. No report is made immediately when the atmospheric pollutant disposal facilities are not in regular service due to maintenance or breakdown.
Article 78
If a third-party institution under entrustment, in violation of the provision of Article 25 of these Regulations, fails to observe the laws, rules and regulations and the requirements of relevant technical specifications to conduct pollution control, or makes falsification in conducting pollution control, the municipal or district department of environmental protection shall issue an order for correction, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 79
For violation of the provision of Clause 2 of Article 26, failing to formulate emergency response plans, the municipal or district department of environmental protection shall issue an order for correction; and for refusal to formulate emergency response plans, may impose a fine of not less than 2,000 yuan but not more than 10,000 yuan on an unit, and suggest that the relevant department give disciplinary sanctions to the person-in-charge and other persons held directly responsible.
Article 80
If a relevant unit, in violation of the provision of Clause 3 of Article 28 of these Regulations, refuses to take the measure of suspending or limiting production, the environmental protection department shall impose a fine of not less than 20,000 yuan but not more than 200,000 yuan thereon; if it refuses to take the measure of flying dust control, the relevant administrative departments of construction, transport, and housing or the department of city management law enforcement shall, according to their respective functions and duties, impose a fine of not less than 10,000 yuan but not more than 50,000 yuan thereon; if it refuses to take the measure of motor vehicle control or fireworks and firecrackers igniting prohibition, the public security department shall impose punishment according to relevant provisions.
Article 81
For violation of the provision of Clause 1 of Article 31 of these Regulations, failing to be equipped with atmospheric pollutants discharge online monitoring devices, or to be included into the unified monitoring network, the municipal or district department of environmental protection shall issue an order for correction, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 82
For violation of the provision of Clause 1 of Article 32 of these Regulations, failing to publish environmental information as provided, the municipal or district department of environmental protection shall make an order for publication thereof and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 83
For violation of Clause 3 of Article 35 or Clause 4 of Article 61of these Regulations, continuing to use heavy-polluting fuels upon expiration of the time limit prescribed by the Municipal People’s Government, the municipal or district department of environmental protection shall order to demolish or confiscate the heavy-polluting fuel-fired facilities.
For violation of Clause 4 of Article 35 of these Regulations, using fuels that do not comply with the relevant compulsory standards and requirements provided by the State and this Municipality, the administrative department of quality and technical supervision shall issue an order for correction, and may impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 84
If boilers, furnaces, and facilities such as stoves used by entities or for business discharge black smoke easily visible in violation of the provision of Clause 2 of Article 36 of these Regulations, the municipal or district department of environmental protection shall issue an order for correction, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.
Article 85
If a motor vehicle running in this Municipality, in violation of the provision of Clause 1 or 5 of Article 38 of these Regulations, discharges atmospheric pollutants in excess of the prescribed emission standard or black smoke easily visible, the administrative department of public security traffic management shall temporarily seize the vehicle running pass, issue an order for service, and impose a fine of not less than 200 yuan but not more than 2,000 yuan; if a detection agency with qualifications finds that the vehicle upon service complies with the emission standard, the vehicle running pass shall be returned.
If a motor vessel sailing in this Municipality, in violation of the provision of Clause 1 or 5 of Article 38 of these Regulations, discharges atmospheric pollutants in excess of the prescribed emission standard or black smoke easily visible, the maritime safety department shall issue an order for correction, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan; if the case is serious, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.
Article 86
Where, in violation of the provision of Article 39 of these Regulations, a vehicle fails to be sent for maintenance after the vehicle tail gas emission diagnosing system warns, and if a light vehicle runs for a mileage of over 200 kilometers or a heavy vehicle runs for over 24 hours, the department of environmental protection shall issue an order for correction, and impose a fine of 300 yuan. If the motor vehicle tails gas treating device is demolished without approval, the department of environmental protection shall issue an order for correction, and impose a fine of 300 yuan.
Article 87
If, in violation of the provision of Article 40 of these Regulations, a non-road mobile machinery in use in this Municipality discharges atmospheric pollutants in excess of the prescribed emission standard or black smoke easily visible, the department of environmental protection shall issue an order for correction, and impose a fine of not less than 500 yuan but not more than 5,000 yuan.
Article 88
In violation of the provision of Clause 3 of Article 41 of these Regulations, delivering a motor vehicle upon maintenance still discharging pollutants in excess of the prescribed emission standard, the administrative department of transport shall impose punishment according to relevant laws and regulations.
Article 89
For violation of the provision of Clause 1 of Article 42 of these Regulations, conducting regular detection of motor vehicle exhaust pollution without authorization by the municipal department of environmental protection, the municipal department of environmental protection shall order to stop the illegal act, confiscate the illegal gains, and may impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.
If an agency conducting regular detection of motor vehicle exhaust pollution with authorization of the municipal department of environmental protection, in violation of the provision of Clause 2 of Article 42 of these Regulations, fails to carry out the job according to the prescribed detection methods and the technical specifications, the municipal department of environmental protection shall issue an order for correction, and may impose a fine of not less than 3,000 yuan but not more than 50,000 yuan; for offering inaccurate detection reports or failing to conduct detection as required, with a serious case, a fine of not less than 30,000 yuan but not more than 50,000 yuan shall be imposed, and the violator’s qualifications to undertake regular detection of motor vehicles may be revoked by the department responsible for the qualification accreditation.
Article 90
The owner or driver of motor vehicle in use and the operator or sailor of motor vessel in use who, in violation of the provision of Clause 3 of Article 43 of these Regulations, refuse or thwart the administrative department of public security traffic management, maritime safety, or environmental protection in conducting the supervisory spot detection of motor vehicle and vessel exhaust pollution shall be prosecuted thereby according to relevant laws and regulations.
Article 91
If a road transportation vehicle without the environmental protection conformity mark or marked as heavy-polluting, in violation of the provision of Clause 3 of Article 44 of these Regulations, conducts road transport business in this Municipality, the administrative department of transport shall issue an order for correction and may impose a fine of not less 200 yuan but not more than 2,000 yuan.
Article 92
Where a motor vehicle in use, with pollutant emission in excess of the prescribed standard and beyond repair, is running on the road in violation of the provision of Article 45 of these Regulations, the administrative department of public security traffic management shall make confiscation and compulsory scrapping thereof, and impose punishment on the motor vehicle driver according to law.
Article 93
For violation of the provision of clause 2 of Article 47 of these Regulations, selling fuels for vehicles, vessels and non-road mobile machinery that fail to meet the prescribed standards, the department of quality and technical supervision shall prosecute the person responsible according to the Law of People’s Republic of China on Product Quality.
If self-prepared fuels, in violation of the provision of Clause 3 of Article 47 of these Regulations, fail to comply with the prescribed standards, the departments of environmental protection and maritime safety shall, according to their respective functions and duties, issue orders for correction, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 94
If an unit conducts operation management beyond the emission standard and technical specifications for volatile organic compounds in violation of the provision of Clause 1 or 5 of Article 51 of these Regulations, the municipal or district department of environmental protection shall issue an order for correction, and may impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.
For violation of the provisions of Clause 2, 3 or 4 of Article 51 of these Regulations, failing to have recycling devices for volatile organic compounds installed, failing to conduct production and operation activities that produce waste gas with volatile organic compounds in enclosed space or equipment, failing to install waste gas collecting and treating systems or failing to make timely repair as provided for in case of leakage, the department of environmental protection shall issue an order for correction, and also impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; failing to make correction, an order of stopping production for correction may be imposed.
Article 95
If atmospheric pollutant emissions from a waste incinerator, in violation of the provision of Clause 2 of Article 52 of these Regulations, exceed the prescribed emission standard or total discharge quota, the municipal or district department of environmental protection may order to limit or stop production for correction, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the case is serious, the municipal or district people’s government shall issue an order for business suspension or shutdown.
Article 96
For violation of the provision of Clause 1 of Article 53 of these Regulations, burning stalks, dead branches, fallen leaves and other materials that cause smoke dust, the environmental protection department shall order to make correction, and a fine of not less than 500 yuan but not more than 2000 yuan may be imposed; burning in the open asphalt, asphalt felt, rubber, plastics, garbage, leather, or other materials that produce toxic, harmful gas or gas with fetor or strong peculiar smell, the environmental protection department shall order to make correction, and a fine of not less than 10000 yuan but not more than 100000 for unit and of not less than 500 yuan but not more than 2000 yuau for individual may be imposed.
Article 97
If a construction unit, in violation of the provision of Clause 2 of Article 54 of these Regulations, fails to take effective measures to prevent flying dust, the relevant administrative department for construction shall issue an order for correction and impose a fine of not less than 1,0000 yuan but not more than 10,0000 yuan.
If, in violation of the provision of Clause 1 of Article 55 of these Regulations, no tight-closing measures are taken for transportation vehicles, or materials leak, scatter or fly in the process of transportation, the administrative departments of public transportation traffic management, or greening and city appearance shall impose punishment according to relevant laws and regulations.
If, in violation of the provision of Clause 2 of Article 55 of these Regulations, no covering measures are taken for vessels, the maritime safety department shall issue an order for correction, and impose a fine of not less than 1,0000 yuan but not more than 10,0000 yuan.
If, in violation of the provision of Article 56 of these Regulations, no effective measures to prevent and control flying dust are taken at ports, docks, or freight storages thereof, the administrative department of transport shall issue an order for correction, and impose a fine of not less than 1,0000 yuan but not more than 10,0000 yuan; if no effective measures to prevent and control flying dust in open storehouses or other freight storages, the environmental protection department shall issue an order for correction, and impose a fine of not less than 1,0000 yuan but not more than 10,0000 yuan; if no effective measures are taken to prevent and control flying dust in a concrete mixing plant, the administrative department of construction shall issue an order for correction, and impose a fine of not less than 1,0000 yuan but not more than 10,0000 yuan.
For violation of the provision of Article 57 or 58, failing to do clean-keeping tasks according to the requirements, or failing to carry out planting and plant maintenance tasks, the administrative department of greening and city appearance shall issue an order for correction, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
If an unit, in violation of the provision of Clause 1 of Article 59 of these Regulations, fails to do greening or pavement according to the requirements, the environmental protection department shall issue an order for correction, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
If a development unit, in violation of the provision of Clause 2 of Article 59 of these Regulations, fails to do greening or pavement according to the requirements, the administrative department of construction shall issue an order for correction, and impose a fine of not less than 1,0000 yuan but not more than 10,0000 yuan.
If in cases provided in Clauses 1 to 4 of this Article, those failing to make corrections shall be ordered by the relevant administrative departments to shutdown for rectification or close the business for rectification. In cases provided in Clause 5 and 6, those causing pollution to the atmospheric environment, in serious cases, shall be ordered by the relevant administrative department to impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 98
For either of the following acts, the environmental protection department shall order to stop the illegal act, and impose a fine of not less than 200 yuan but not more than 3,000 yuan for light pollution, and a fine of not less than 3,000 yuan but not more than 50,000 yuan for heavy pollution:
1. In violation of the provision of Article 60 of these Regulations, storing, processing, manufacturing or using substances that produce strong peculiar smell or fetor in densely inhabited areas and other areas that need special protection, thus causing pollution to surrounding environment; or
2. In violation of the provision of Clause 1 or 2 of Article 61 of these Regulations, the operator of the catering service fails to have oil fume purification and peculiar smell disposal facilities or on-line monitoring devices installed, fails to keep these facilities in normal service, or fails to clean and maintain the oil fume purification and peculiar smell disposal facilities on a regular basis and keep the record.
Article 99
If an operation unit or operators makes random emission of powder dust or waste gas, the municipal or district department of environmental protection shall issue an order for correction; if they refuse to make correction, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed.
Article 100
A lessor who provides production and operation premises for an unit or individual that discharges atmospheric pollutants shall cooperate with the environmental protection department in law enforcement inspection of violations of the provisions of these Regulations, and provide relevant information of the lessee. If the lessor refuses to cooperate, the environmental protection department shall impose a fine of not less than 2,000 yuan but not more than 20,000 yuan.
Article 101
If an enterprise, public institution or other producer or operator violating these Regulations, apart from the cases provided in Articles 28, 32 and 61, subject to punishment of fine and correction by order, refuses to make correction, the administrative department that made the decision of punishment according to law may order a consecutive punishment according to the original amount of fine by day from the next day of ordering the correction.
Article 102
If the municipal or district people’s government or environmental protection department makes a decision to issue an order directed to a pollutant-discharging unit for business suspension or shutdown, the power supplier shall cooperate and stop power supply for the said unit.
Article 103
If a pollutant-discharging unit has an accident of environmental pollution in violation of the provisions of these Regulations, or violates the provisions of Clause 2 of Article 16, Clause 1 or 2 of Article 18, or Clause 3 of Article 28 of these Regulations, the department of environmental protection and other relevant departments may, in addition to imposing punishment on the unit, impose a fine of not less than 10,000 yuan but not more than 100,000 yuan on the person-in-charge and other persons held directly responsible of the unit.
Article 104
If an enterprise, a public institution or other producer or operator discharges atmospheric pollutants in violation of the law, which causes or might cause serious pollution, the environmental protection department may seal up or seize the facilities and equipment that cause pollutant discharge.
Article 105
For violation of the provisions of these Regulations, discharging atmospheric pollutants which constitutes a crime, the offender shall be prosecuted for criminal liability according to law.
The departments of environmental protection and public security shall establish and perfect a linking mechanism between administrative law enforcement and criminal justice of atmospheric pollution cases.
Article 106
If atmospheric environmental pollution causes harm, the relevant person shall bear tort liability according to relevant provisions of the Law of the People’s Republic of China on Tort Liability.
For an act of polluting atmospheric environment which harms social public interests, a social organization complying with the provisions of state laws may bring a lawsuit to the people’s court according to law.
Article 107
The party concerned, if disagreeing with a specific act of the environmental protection department and other relevant administrative departments, may apply for administrative reconsideration or bring an administrative lawsuit according to the provisions of the Law of the People’s Republic of China on Administrative Reconsideration and the Administrative Litigation Law of the People’s Republic of China.
If the party concerned neither applies for reconsideration, nor brings a lawsuit, nor performs the specific administrative act within the statutory time period, the administrative department that makes the specific administrative act may apply to the people’s court for coercive enforcement or make the coercive enforcement according to law.
Chapter VIII Supplementary Provision
Article 108
These Procedures shall be effective as of October 1, 2014. The Procedures of Shanghai Municipality on the Implementation of the Law of the People’s Republic of China on the Prevention and Control of Atmospheric Pollution adopted at the 29th Session of the Standing Committee of the 11th Shanghai Municipal People’s Congress on July 13, 2001 shall be repealed simultaneously.
