Measures of
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Law of the People"s Republic of China on the Prevention and Control of Atmospheric Pollution and other laws and regulations, in the light of specific circumstances of this Province, and for the purposes of preventing and controlling atmospheric particulate pollution, putting emphasis on solving the problem of atmospheric pollution with the focus on fine particulates, improving air quality and safeguarding human health.
Article 2 These Measures shall apply to the prevention and control of atmospheric particulate pollution and relevant supervision and administration within the administrative region of this Province.
Article 3 The prevention and control of atmospheric particulate pollution shall follow the principle of giving priority to prevention, combining prevention and control and comprehensive control, focusing on preventing the dust generated during the process of operation, material heaping up and transport, intensifying the prevention and control of industrial smoke and dust pollution, controlling the air pollution of motor-vehicle"s emission, actively promoting the comprehensive usage of stalks, and reducing the total amount of the discharged atmospheric particulates.
Article 4 The unit and individual which discharges atmospheric particulates are the liability subject of pollutant prevention and control.
Local people’s governments at or above the county level shall reinforce the organization and guidance on the work of prevention and control of atmospheric particulates, increase the investment into prevention and control of atmospheric particulates, establish a joint conference system, complete the working system and mechanism on the prevention and control of atmospheric particulates, promote regional joint prevention and control of atmospheric pollution, implement standard management on environmental and air quality, and improve atmospheric and environmental quality.
Article 5 Administrative departments of environmental protection of local people’s governments at or above the county level shall be responsible for supervision and administration on the prevention and control of smoke and dust, carry out unified supervision and administration on prevention and control of the pollution by motor-vehicle"s emission, strengthen the air quality monitoring and publicize information on the quality of environmental and atmospheric quality.
Administrative departments of housing and urban and rural construction, planning, urban appearance and environmental sanitation, urban landscape greening of local people’s governments above the county level shall, in accordance with their respective duties and functions, supervise and administrate urban road dust loading, greening maintenance, project operation of buildings and municipal infrastructure, and the work of preventing and controlling the pollution of dust generated by material heaping up, loading and unloading and transportation, and be responsible for the planning, construction and administration on the spot of debris and waste disposal.
Administrative departments of traffic transportation (harbor) of local people’s governments at or above the county level shall be responsible for the supervision and administration on the prevention and control of dust pollution generated during the traffic project operation, at harbors and decks and in heaping up, loading and unloading traffic project materials, and implement industrial supervision and administration on motor- vehicle repair and commercial vehicle test.
The agricultural and water administrative departments of local people’s governments above the county level shall be respectively responsible for the supervision and administration on the prevention and control of dust pollution generated by the operation of agricultural and water projects, and material heaping up, loading and unloading.
Administrative departments of development and reform, economic and information, public security, territory and resources, commerce, price and quality and technology supervision of local people’s governments at or above the county level shall in accordance with their respective duties and functions do well relevant work of supervision and administration on the prevention and control of atmospheric particulates.
Local people’s governments of the town (township), (sub-district offices, development zones, industrial parks) shall specify staffs, and organize and urge the implementation of the measures to prevent and control atmospheric particulate pollution.
Article 6 Local people’s governments at or above the county level shall broaden access to information, organize the release of information such as urban environmental air quality and adverse weather condition forecast, establish a system of experts’ demonstration on major problems of atmospheric particulate pollution and openly soliciting public opinions, and guarantee citizens’ rights to know and to participate.
Article 7 Local people’s governments at or above the county level and their relevant departments shall organize the propaganda education on the prevention and control of atmospheric particulate pollution and enhance the self-awareness of protecting atmosphere and environment of all society.
Public report of the act of atmospheric particulate pollution of all kinds shall be encouraged. Relevant departments of local people’s governments at or above the county level shall give it a reward upon verification.
Chapter II Prevention and Control of Pollution
Article 8 Prevention and control of atmospheric pollution shall be divided as key control areas and ordinary control areas, and differentiated administration and control shall be carried out. The cities divided into districts along the Yangtze River (
Article 9 Local people’s governments at or above the county level shall promote the adjustment of industrial structure, eliminate backward production technique and equipment, improve the level of prevention and control of atmospheric particulate pollution and its supervision and administration, and reduce the total amount of discharged industrial smoke and dust. Seriously polluting projects in the industries such as thermal power, steel, and cement shall be strictly restricted in the key control areas.
Article 10 New construction projects, expansion or reconstruction projects which discharge atmospheric particulates shall be governed by the State regulations concerning environmental protection for such projects and a system for environmental supervision shall be actively promoted. Project owners shall be encouraged and guided to entrust environmental supervision units to carry out supervision on the design and operation of facilities which prevent and control atmospheric particulate pollution.
Article 11 Industrial enterprises which discharge smoke and dusts to the atmosphere shall take effective measures to prevent and control pollution, and make sure the pollutant emission meets the discharge standard.
In such processes as production and material transportation that produce smoke and dusts, effective measures such as sealing, vacuuming and dusting shall be taken and disorganized discharge shall be transformed to well-organized discharge that meets the standard.
Article 12 The industries such as steel, thermal power and building materials that are key to the prevention and control of atmospheric particulate pollution shall follow relevant provisions of the state and the province, update and renovate efficient dusting technologies and ensure the discharge of smoke and dusts meet relevant standard.
Article 13 Ports and wharfs, construction sites and places for heaping up materials in the enterprises of steel, thermal power and building materials, etc., shall harden the ground as required and take measures such as sealing, fencing, covering, watering, greening, installing windproof and dust suppression nets. Loading and unloading of materials shall be sealed if operation in confined spaces is possible to avoid dust emission during the operation. Sealed silos and delivery devices shall be set up in large-scaled coal yards and places for heaping up materials.
The exits of construction sites and places for heaping up materials shall have the ground hardened and establish vehicle cleaning facilities and the transportation vehicles may leave the operation site after washing and cleaning. The construction units and business operators of the places for heaping up materials shall timely clean and wash the road at the exit, and the road may not have noticeable muddy imprints. Mechanized cleaning (washing) shall be encouraged at the entrance and exit.
Article 14 Units and individuals that undertake material transportation shall transport the sealed material, to prevent its leaking, falling or soaring in the transportation.
Article 15 People’s governments of cities divided into districts, and counties (cities) shall organize to make district heating planning, gradually enlarge the coverage of heating pipelines or networks and promote central heating in the unit that uses heating.
Industrial parks (industrial cluster areas) shall be equipped with a complete heating system according to needs, supply central heating to the units that use heating. The urban constructed areas shall implement central heating in collaboration with large-sized power generation or thermal power enterprises. In areas covered by central heating pipelines or networks, no new coal heating boilers may be installed and the existing scattered coal heating boilers shall be dismantled in a prescribed time limit. In areas not covered by central heating pipelines or networks, if the existing coal heating boilers fail to meet the discharge standard stably, efficient dusting renovation shall be conducted or clean fuels shall be adopted.
Article 16 Project owners shall take the responsibility of preventing and controlling the pollution caused by dust in the operation, and include the cost to prevent and control dust pollution into the project budget. Project owners shall require the construction unit to make a plan for the prevention and control of dust pollution and entrust supervision units to take charge of supervision and implementation of the plan.
Article 17 Construction units of a project shall follow stipulations on the environment protection at the operation sites, establish relevant responsibility and management systems, make plans to prevent and control dust pollution and carry out operation according to the plan so as to effectively control dust pollution.
Project construction units may not hand construction debris over to individuals or units that engage in construction debris transportation without verification to transport. If roads are polluted because of falling, leaking or purposeful dumping in the transportation, the transportation unit or individual shall be responsible for cleaning timely.
Article 18 Construction units that dismantle houses, buildings (structures) shall be equipped with dustproof and dust suppression facilities, and be responsible for controlling the dust pollution generated during the dismantling. When dismantling houses or other buildings (structures), fences shall be installed, and the measure of continuous pressured spay shall be taken to suppress dust generation. If blasting operation is needed, water shall be sprayed beyond the blasting operation area.
When the weather forecast predicts that the wind speed is over level 5, the blasting or dismantling of houses or other buildings (structures) shall be stopped.
If the construction may not be started within fifteen days after the completion of dismantling project, the bare land shall be covered, greened or paved.
Article 19 Administrative departments of urban city appearance and environmental sanitation of local people’s governments at or above the county level shall put forward the way of mechanized road cleaning and washing, and according to the requirements of the operation standard, reasonably allocate operation time, properly increase the operation frequency, and improve operation quality. The operation of washing roads with grey water and so on shall be encouraged so that the urban roads do not have noticeable dusts and present their original looks. Municipal administrative departments of local people’s governments at or above the county level shall timely repair the crumbling roads and reduce the time when lands are bare.
The percentage of major mechanized cleaned roadways in the urban constructed areas of the cities in ordinary control areas shall reach over 70% till 2015 and that in key control areas shall be over 90%.
Article 20 Units managing and maintaining all kinds of green lands such as public green lands and green belts shall be responsible for green maintenance and prevention and control of dust pollution.
Bare land in the newly-built public green lands and green belts shall be covered. The covering soil of tree ponds, flower beds and green belts shall not be higher than the edge. The spot shall be timely cleared up after the completion of greening operation.
Article 21 Local people’s government at or above the county level shall set the area and time to forbid or restrict motor-driven vehicles without the sign of green environmental-friendly inspection qualification. Vehicles that discharge visible pollutants such as black smoke may not be allowed to drive on the urban roads.
Article 22 Local people’s governments at or above the county level shall strengthen the guidance of urban planning on the layout and setting up of the catering service industry and reasonably set up and adjust catering operation sites. Catering operation projects which discharge lampblack may not be set up in non-commercial buildings.
Business-operators in the catering service industry shall install lampblack purifying facilities so as to effectively prevent and control lampblack pollution. Catering enterprises with an operation area over 500 square meters or over 250 seats shall install online lampblack monitoring facilities. Lampblack purifying facilities and online monitoring facilities shall be maintained regularly to ensure the proper use and shall not be left idle or dismantled.
Article 23 Mines shall be exploited and treated at the same time and the ecological environment shall be restored timely. Waste stones, waste debris, soil and so on shall be heaped up in special storage places and measures to prevent dust such as fencing, setting up dust prevention nets or cloth shall be taken; operation sidewalks shall be hardened without noticeable dusts.
During the process of mining or before the suspension or closure of the mine, the mining right holder shall repair the broken roads and slopes and cross sections of mines in the open air, restore the vegetation, deal with mining waste as prescribed, comprehensively treat and restore the geological environment of the mine and prevent dust pollution.
Article 24 It is prohibited to burn in the open air stalks, asphalt, linoleum, rubber, plastics, leather, garbage, fake and inferior products and other substances that may produce smoke.
It is prohibited to grill food on the sides of urban major or minor arteries, in residential areas, parks and beyond the area designated by the green land protection unit.
Chapter III Supervision and Administration
Article 25 Local people’s governments at or above the county level shall designate the area where burning seriously polluting fuels shall not be allowed. The units and individuals within such areas shall stop consuming seriously polluting fuels within the prescribed time limit, and shall instead consume natural gas, liquefied petroleum gas, electricity or other clean energy.
Development and reformation departments of local people’s governments at or above the county level shall be responsible for making the plan for clean energy and organize implementation, and actively promote clean energy. Key control areas shall be encouraged to carry out pilot studies on controlling the total amount of coal consumption.
Article 26 Local people’s governments at or above the county level shall organize and designate areas of urban dust pollution control, clarify the control objective and measures within such areas.
Article 27 Departments such as housing and urban and rural construction of local people’s governments at or above the county level shall reinforce the supervision and inspection on the operation spot of project construction, establish an evaluation system of preventing and controlling dust pollution for operation units and keep the evaluation result in their credit files.
Administrative departments responsible for dismantling houses, buildings (structures) of the people’s governments of cities with subordinate districts, counties (cities) shall intensify the supervision and inspection on the spot of dismantling operation and urge the dismantling operation units to take all the measures to prevent and suppress dusts.
Article 28 People’s governments of the city divided into districts, and counties (cities) shall organize the planning and construct special places for construction debris disposal, standardize disposal acts, promote the comprehensive usage of resources and reduce twice blowing dusts.
An administrative licensing system for transportation and disposal of construction debris shall be conducted. Administrative department of urban city appearance and environmental sanitation of local people’s governments above the county level shall reinforce the supervision and administration, comprehensively use methods of science technology and information such as monitoring systems, global positioning systems to standardize debris transportation and disposal operation, and investigate into and deal with acts of leaking, falling and carelessly dumping and disposing debris.
Article 29 Departments such as urban city appearance and environmental sanitation, public security, traffic and transportation and planning of local people’s governments at or above the county level shall do well the prevention and control of dust pollution during transportation and disposal of materials in accordance with their respective functions and duties.
Article 30 For acts of discharging dust pollutants to the atmosphere, fees for discharging dust pollutants shall be paid. The collection of fees for discharging pollutants and methods to use them shall be formulated by the provincial administrative departments of finance, price and environmental protection.
Article 31 Departments of development and reform and energy of the provincial people’s government shall in collaboration with administrative departments of economy and information, commerce, environmental protection and price, coordinate with relevant units to organize the supply of high-quality vehicle fuels, promote the low sulfur of vehicle fuels, lower the discharge intensity of burnt particulates of vehicle fuels and actively promote the usage of clean vehicle energy.
Article 32 Departments of environmental protection and traffic and transportation of local people’s governments at or above the county level shall implement the system of vehicle environmental inspection and maintenance (I/M). Vehicles that fail to meet the standard shall be maintained within the prescribed time limit and may drive on the road after maintenance; those that fail to meet the standard after maintenance shall be scrapped.
Departments of environmental protection and traffic and transportation shall carry out joint law enforcement on the prevention and control of vehicle exhaust pollution, and order the vehicles that discharge noticeable pollutants such as black smoke to undertake inspection and maintenance.
Article 33 Local people’s governments at or above the county level shall establish an coordination mechanism with the participation of departments such as development and reform, agriculture, agricultural machinery, economy and information, environmental protection, finance, science and technology, public security and traffic and transportation, and relevant departments shall cooperate closely and do well the comprehensive usage of stalks and forbid burning stalks in the light of their respective functions and duties.
People’s governments of towns (township) (sub-district offices) shall assign the work of forbidding burning stalks into village (residence) commissions.
Article 34 Administrative departments of land and natural resources of local people’s governments above the county level shall supervise and inspect mining right holders to perform their duty of treating and restoring geological environment of mines.
Administrative departments of environmental protection and city appearance and environmental sanitation of local people’s governments above the county level shall strengthen the supervision and administration on the acts of burning in the open air and grilling in the open air.
Article 35 Local people’s governments at or above the county level shall designate the areas to restrict and forbid setting off fireworks and firecrackers and specify the time, place and categories to set them up.
Public security organs shall strengthen the inspection on the implementation of forbidding and restricting setting off fireworks and firecrackers and deal with the acts in violation of such provisions according to law.
Article 36 Cities with subordinated districts, counties (cities) where atmospheric particulate density fails to reach phased targets of the state and the province shall make plans to meet the standard within a prescribed time limit; where the relevant target is reached, they shall make plans on continuous improvement and organize implementation.
Article 37 Administrative department of environmental protection of the provincial people’s government shall work with other relevant departments to make an evaluation and assessment method on the prevention and control of atmospheric particulate pollution, regularly carry out random inspection, evaluation and assessment on the work of preventing and controlling atmospheric particulate pollution of people’s governments of cities with subordinated districts, and counties (cities) and their relevant departments, report the result to the provincial people’s government and circulate it to local people’s governments.
Chapter IV Legal Liabilities
Article 38 Where the staff of local people’s governments at or above the county level and the departments responsible for the supervision and administration of atmospheric particulate pollution, in violation of the provisions in these Measures, abuse their authority and neglect their duties, they shall be given administrative sanctions; if the case constitutes a crime, criminal liabilities shall be investigated according to law.
Article 39 Anyone, who in violation of the provisions in Article 13 of these Measures, at the harbors, construction sites, and the places for heaping up materials of the enterprises such as steel, thermal power, construction materials, fails to take measures to effectively prevent and control dust so that the atmospheric environment is polluted, the administrative department of environmental protection or other departments with the right to enforce supervision and administration according to law, such as housing and urban and rural construction, traffic and transportation, agriculture, and water resources, shall order it to make correction within a time limit, and a fine of not less than RMB 2000 yuan but not more than RMB 20000 Yuan shall be imposed; if it fails to meet the local environmental protection standard beyond the time limit, it may be ordered to suspend operation for rectification.
Article 40 Where units and individuals that undertake material transportation, in violation of the provisions in Article 14 of these Measures, conduct transportation without sealing materials, and cause material leaking, falling and blowing, administrative department of urban city appearance and environmental shall order it to stop the illegal act and make correction in the limit time and a fine of not less than RMB 500 yuan but not more than RMB 5000 yuan may be imposed.
Article 41 Anyone who in violation of the provisions of these Measures, commits any of the following acts, the administrative departments of housing and urban and rural construction, traffic and transportation, agriculture and water resources, etc., shall order it to make rectification within a time limit according to their respective functions and duties, and a fine of not less than RMB 2000 yuan but not more than RMB 20000 yuan may be imposed; if he fails to meet the local environmental protection standard beyond the time limit, he may be ordered to suspend operation for rectification.
1. in violation of the provisions of Article 17, failing to make plans to prevent and control dust pollution or to conduct operation according to the plans;
2. in violation of the provisions of the first paragraph of Article 18, failing to set up fences, take effective measures to suppress dust such as continuous pressured spray when dismantling houses or other buildings (structures), or failing to spray water beyond the areas of blasting operation;
3. in violation of the provisions of the second paragraph of Article 18, blasting or dismantling houses or other buildings (structures) when the weather forecast predicts the wind speed is over level 5;
Article 42 Where anyone, in violation of the provisions of the second paragraph of Article 24 of these Measures, grills food on the sides of major or minor urban arteries, in residential areas, parks and beyond the area designated by the green land protection unit, the administrative department of urban city appearance and environmental sanitation shall order it to make correction and a fine of not less than RMB 500 yuan but not more than RMB 2000 yuan shall be imposed.
Article 43 Where anyone, in violation of the provisions of the first paragraph of Article 25 of these Measures, consumes seriously polluting fuels beyond the prescribed time limit in the designated areas where seriously polluting fuels are forbidden, the administrative department of environmental protection shall order it to dismantle or confiscate the installations for consumption of seriously polluting fuels.
Article 44 Where people’s governments of cities divided into districts, and counties (cities), in violation of the provisions of Article 36 of these Measures, fail to make plans to meet the standard within a prescribed time limit or fail to reach the target within the prescribed time limit, the people’s government at a higher level shall circulate criticism and the administrative department of environmental protection at a higher level shall urge it to meet the standard within a time limit; the administrative department of environmental protection may suspend the approval of documents on the evaluation of environmental effects of construction projects which discharge atmospheric particulates in these areas.
Article 45 Where penalties are provided in other laws, regulations and rules, for any act committed in violation of the provisions of these Measures, these provisions shall prevail.
The implementation of the right of relatively collective administrative sanction shall be executed according to relevant provisions of the state and the Province.
Chapter V Supplementary Provisions
Article 46 The atmospheric particulate pollution mentioned in these Measures refers to the pollution to the atmosphere by the particulates such as smoke, dust etc., discharged in the activities of project operation, industrial production, material transfer and heaping up, traffic and transportation, mining, greening protection, burning in the open air, setting off fireworks and firecrackers and catering operation, etc..
The seriously polluting fuels mentioned in these Measures refer to raw coals, coal gangue, coal fine, coal slime, fuel oil (heavy oil and residual oil), combustible rubbish of all kinds, directly consumed biomass fuels (trees, stalks, sawdust, rice husks, bagasse etc.) and sulfur-fixed honeycomb briquettes, light diesel oil, kerosene, artificial gas whose level of contaminants is beyond the limit prescribed by the State.
The materials mentioned in these Measures refer to materials likely to produce dust pollution, including construction rubbish, project debris, coals, gravel, dirt, mortar, plaster, etc..
Article 47 These Measures shall enter into effect as of August 1, 2013.
