Announcement of the Standing Committee of the Tenth People’s Congress of Jiangsu Province
No.138
The Regulations of Jiangsu Province on Marine Environment Protection, adopted at the Thirty-second Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on September 27, 2007, are hereby promulgated and shall enter into effect as of December 1, 2007.
September 27,2007
(Adopted at the Thirty-second Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on September 27, 2007)
Chapter I General Provisions
Chapter IISupervision and Administration
Chapter IIIEcological Conservation
(7) other key sea areas where marine ecological conservation shall be strengthened.
Chapter IVPrevention and Control of Pollution
Article 24 This Province implements the system of controlling the total volume of pollutants discharged into the key sea areas according to the State provisions. The Provincial People’s Government shall, according to the key sea area marine environmental capacity and marine functional zoning of this Province and the total volume control quota of main pollutants discharged to sea specified by the State, formulate the total volume control quota of main pollutants discharged to sea for key sea areas of this Province and the allotting plan for discharge volume of main pollution sources of this Province.
The people’s government of the coastal city divided into districts or county (city, district) shall, according to the total volume control quota of main pollutants discharged to sea and the allotting plan for discharge volume of main pollution sources formulated by the Provincial People’s Government, formulate the implementation plan for controlling the total volume of main pollutants discharged to the key sea areas under its jurisdiction, and report it to the people’s government at the next higher level for record.
When the competent administrative department of marine affairs specifies the total volume control quota for pollutants discharged through the pollutant outlets alongside the coast that discharge pollutant directly into the sea and the pollutant discharge outlets within the scope 30 kilometers up from the estuaries and verifies the discharge volumes of main pollutant sources, the quota and the volume shall work them out in compliance with the total volume control quota of main pollutants discharged to key sea areas and the discharge volume allotting plan for main pollution sources.
Article 25 The Provincial People’s Government shall, according to the requirement of the target of the State on reduction of energy consumption and pollutant emissions, formulate the plan to reduce the total volume of the current main pollutants discharged to sea and assign the target level by level to the coastal cities divided into districts and counties (cities, districts). The people‘s governments of coastal cities divided into districts and counties (cities, districts) shall accordingly formulate implementation measures for the plan to reduce the total volume of main pollutants discharged to sea.
The monitoring of water quality of main rivers flowing into the sea at the city boundary section shall be in the charge of the provincial competent administrative department of environment protection, and the monitoring of water quality at the county boundary section shall be in the charge of the competent administrative department of environment protection of a city divided into districts.
Article 27 The coastal local people’s government at or above the county level and its relevant departments shall include the contents of marine environment impact assessment in the environment impact assessment reports for the relevant planning on land utilization and the construction, development and utilization planning for regions, drainage areas and sea areas formulated under their organization.
Where the contents of marine environment impact assessment are not included in the marine environment assessment reports of the drafts of the planning provided in the preceding paragraph, the examination and approval organ shall not examine and approve the planning.
Article 28 It is forbidden to construct new industrial projects that cause serious marine environment pollution, such as chemical pulp and paper mill, chemical plant, printing and dyeing mill, tannery, electroplating mill, brewery, oil refinery, vessel beaching and dismantling as well as other projects which do not possess effective pollution treatment measures in the coastal land areas. For an industrial project as one of those mentioned above that has been built but does not possess effective pollution treatment measures, an order for treatment within a specified period of time shall be given according to law; where the treatment can not be completed within the specified period of time, an order for suspension of the production for rectification shall be given; where the treatment still can not be completed at the expiration of the period of suspension of production for rectification, the project shall be ordered to shut down after it is reported to the people’s government with the power of approval for approval.
Environment impact assessment shall be conducted according to law for other construction projects in the coastal land areas. The environment impact report shall include the content on marine environment impact assessment; where the content on marine environment impact assessment is not included, the competent administrative department of environment protection shall not approve its environment impact report and the construction of the project shall not start.
Article 29 The coastal local people’s government at or above the county level shall accelerate the construction and improvement of urban sewage pipe network and the facilities for concentrated sewage treatment.
The construction of facilities for sewage offshore discharging project shall be implemented in compliance with the marine functional zoning and marine environment protection planning of this Province.
Article 30 The unit or individual who engages in port or dock operation or tourism business along the coast shall be equipped with equipment and facilities for pollution prevention and control according to law and shall deal with the pollutants or wastes produced from its/his operation activities promptly to prevent the marine environment from being polluted by their intrusion into the sea.
Article 31 For a coastal construction project or a marine construction project that shall be examined, verified, approved and recorded by the State according to law, the approval or verification of its environment impact report or marine environment impact report shall be conducted according to the State provisions.
For the coastal construction project or a marine construction project examined, verified or recorded by Provincial People’s Government or its relevant departments, the provincial competent administrative departments of environment protection and marine affairs shall, according to their respective functions and duties, approve or verify according to law its environment impact report or marine environment impact report.
For other coastal construction projects, the competent administrative department of environment protection and the administrative department of marine affairs of a coastal city divided into districts shall, according to their respective functions and duties, approve or verify according to law their environment impact report or marine environment impact report.
Article 32 If a coastal construction project or a marine construction project may cause severe impact on marine environment, the construction unit shall solicit opinions from the relevant departments, experts and the public before it submits the environment impact report or the marine environment impact report for approval with exception of those which, according to the provisions of the State, shall be kept confidential.
Article 33 .When a coastal construction project or a marine construction project is under construction or in operation, where the construction unit finds out that there are circumstances not in conformity with the environment impact report or marine environment impact report, it shall stop the construction or operation according to the actual situation, actively organize assessment on the aftermath of the environment change, take remedy measures based on the aftermath assessment conclusion and report to the original approval organ or verification organ for record.
Where the competent administrative department of environment protection and the competent administrative department of marine affairs find out that there are situations not in conformity with the environment impact report or marine environment impact report occurring in the construction or operation process of a coastal construction project or a marine construction project, they shall, according to their respective functions and duties, order the construction unit to conduct assessment on the aftermath of the environment change and take remedy measures such as improvement and correction.
Article 34 The vessel operating within a coastal port area or berthing and anchoring in the coastal port for more than 30 days shall lead-seal the waste water discharge facility and shall accept supervision and administration from the administration organ of maritime affairs or the competent administrative department of fisheries.
Article 35 Where a vessel runs into a maritime incident, and thus cause or may cause major pollution damage to the marine environment, the administration organ of maritime affairs shall take contingent measures such as compulsory cleaning, salvaging and towage operation according to law to avoid or decrease the pollution damage. Where above-mentioned incident occurs to a non-military vessel in the water area of a fishing port or to a fishery vessel outside the water area of a fishing port, the competent administrative department of fisheries shall deal with the case according to law.
The cost needed for removing the pollution damage to marine environment shall be borne by the operator or the owner of the vessel which causes the damage according to law, who shall clear all the financial guarantee or payment procedures for relevant cost before sailing.
Article 36 It is forbidden to dump waste of Class I category as specified by the State such as hydrargyrum and hydrargyrum compounds and strong radioactive substance to the sea.
The dumping of waste of Class II and III category as specified by the State such as heavy metals and their compounds and fluorine compounds to the sea shall be strictly controlled. Where it is really necessary to dump the waste, pre-handling shall be made, dumping-license shall be applied for according to law and the waste shall be dumped in the designated area.
The unit which is approved to dump waste to the sea shall accept supervision and inspection from the competent administrative department of marine affairs. In the event that the waste is dumped from vessels, it shall still accept supervision and inspection from the administration organ of maritime affairs.
Article 37 The marine project pollution discharge fee paid according to law by a marine construction project which discharges pollutant to the sea and the pollution discharge fee paid according to law by the unit and the individual who discharges pollutant from the land area directly to the sea shall be incorporated into the fiscal budget in full amount and used for the prevention and control of marine environment pollution and marine ecological construction and shall not be appropriated for other purpose.
The local people’s government of a coastal city or county shall allocate fund of an appropriate proportion from the pollutant discharge fee paid by the unit and individual who discharge pollutant from the land area to increase its support for the prevention and control of marine environment pollution and marine ecological construction.
Chapter V Legal Liabilities
Article 38 For the acts in violation of the provisions of these Regulations, where there are penalty provisions already existing in laws and administrative regulations, those provisions shall apply.
Article 39 The project owner of a construction project who, in violation of the provisions in the first paragraph of Article 21 of these Regulations, fails to take measures of marine environment protection or marine ecological restoration shall be ordered according to law to stop the illegal operation and take remedy measures and concurrently a fine of not less than RMB50,000 yuan but not more than RMB200,000 yuan shall be imposed by the competent administrative department of marine affairs and the competent administrative department of environment protection according to their respective functions and duties.
Anyone who, in violation of the provisions in the second paragraph of Article 21 of these Regulations, changes the landforms and terrain of the islands and the ecological environment of the shore, beach and the surrounding sea areas of the islands without authorization shall be ordered to stop the illegal operation and take remedy measures, and concurrently a fine of not less than RMB50,000 yuan but not more than RMB200,000 yuan shall be imposed by the competent administrative department of marine affairs.
40 A fine of not less than RMB20,000 yuan but not more than RMB50,000 yuan shall be imposed by the competent administrative department of marine affairs on anyone who, in violation of the provisions in the first paragraph of Article 23 of these Regulations, introduces in marine animal or plant species without approval and thus causes danger to the marine ecological environment.
Article 41 Anyone who, in violation of the provisions in Article 30 of these Regulations, does not deal with the pollutants or wastes produced from his operation activities and pollutes the marine environment shall be ordered to clean the household garbage and other solid waste within the sea areas he uses and a fine of not less than RMB2,000 yuan but not more than 10,000 yuan may concurrently be imposed by the department which executes the marine environment supervision and administration right according to law.
Article 42 Anyone who, in violation of the provisions in Article 34 of these Regulations, fails to take the lead-seal measures shall be ordered by the administration organ of maritime affairs or the competent administrative department of fishery to make correction within a prescribed period of time; where he fails to make the correction at the expiration of the time limit, a fine of not less than RMB5,000 yuan but not more than RMB20,000 yuan shall be imposed.
Article 43 The competent administrative department of marine affairs may entrust to the marine supervision organ subordinate to it the execution of the administrative penalty that shall be enforced by the competent administrative department of marine affairs as provided by these Regulations.
Article 44 Where the department which executes the marine environment supervision and administration right according to law and the other relevant departments commit any one of the following acts, the person directly in charge and the other person directly responsible shall be given administrative sanctions according to law by the superior organ or the supervision organ; where a crime is constituted, the criminal liabilities shall be investigated:
(1) not rendering a stop according to law or not taking effective prevention measures when it finds a marine pollution accident or any illegal act in violation of the provisions of these Regulations;
(2) approving or verifying environment impact report or marine environment impact report in violation of provisions or ultra vires;
(3) other act of engaging in mal-practices for personal gains, abusing its powers, neglecting duties or indulging in fraudulent activities.
Chapter VISupplementary Provisions
Article 45 These Regulations shall enter into effect as of December 1, 2007.