Law of the People's Republic of China on Atmospheric Pollution Prevention and Control - 1995
(Adopted by the 22nd Session of the Standing Committee of the Sixth National People's Congress on September 5, 1987, and amended in accordance with the Decision of the 15th Session of the Standing Committee of the Eighth National People's Congress on Amending the Law of the People's Republic of China on Atmospheric Pollution Prevention and Control on August 29, 1995)
Contents
Chapter I General Provisions
Chapter II Supervision and Management over the Prevention and Control of Atmospheric Pollution
Chapter III Prevention and Control of Atmospheric Pollution Caused by Coal Burning
Chapter IV Prevention and Control of Waste Gas, Dust and Stench Pollution
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
For the purposes of preventing and controlling atmospheric pollution, protecting and improving the living environment and ecological environment, safeguarding human health, and promoting the development of socialist modernization construction, this Law is enacted.
Article 2
The State Council and local people's governments at all levels must incorporate the protection of the atmospheric environment into the plans for national economy and social development, rationally arrange the distribution of industries, strengthen scientific researches in relation to the prevention and control of atmospheric pollution, take measures to prevent and control atmospheric pollution, and protect and improve the atmospheric environment.
Article 3
Departments for environmental protection of people's governments at various levels are the organs which exercise an unified supervision and management over atmospheric pollution prevention and control.
Public security, communications, railways and fishery administrative departments at various levels, in accordance with their respective duties, exercise supervision and control over the motor-driven vehicles and ships polluting the air.
Article 4
An unit sending the pollutant into the air must abide by relevant regulations of the State and take measures to prevent and control pollution.
Article 5
All units and persons have the duty and obligation in protecting the atmospheric environment and are entitled to expose and file charges against any unit or person which causes pollution to the atmospheric environment.
Article 6
The department of the State Council for environmental protection shall set the national standard for atmospheric environment quality.
The people's government of a province, autonomous region or municipality directly under the Central Government may make its local standard on those matters on which the national standard for atmospheric environment quality itself is silent and submit it to the department of the State Council for environmental protection for the record.
Article 7
The department of the State Council for environmental protection shall, pursuant to the national standard for atmospheric environment quality and the economic and technical conditions of the country, set the national discharge standards for atmospheric pollutants.
The people's government of a province, autonomous region or municipality directly under the Central Government may make its local discharge standards on those matters on which the national discharge standards for atmospheric pollutants are silent; and may make its local discharge standards which are more stringent than the national discharge standards on those matters governed by the latter. All local discharge standards must be submitted to the department of the State Council for environmental protection for the record.
Anyone who sends the pollutant into the air must follow the local discharge standards, if any.
Article 8
The State adopts such economic and technological policies and measures which are favorable to the prevention and control of atmospheric pollution as well as activities related to the comprehensive utilization.
People's governments at all levels shall reward those units and persons which and who have made outstanding achievements in the prevention and control of atmospheric pollution and in the protection and improvement of the atmospheric environment.
Article 9
People's governments at all levels must strengthen the work of tree-planting and urban afforestation and improve the quality of atmospheric environment.
Chapter II Supervision and Management over the Prevention and Control of Atmospheric Pollution
Article 10
Every project newly-constructed, expanded or reconstructed which is to send the pollutant into the air must comply with the State's regulations on the environmental protection for the construction project.
The environmental impact statement for a construction project must make prediction on atmospheric pollution that the project might cause and its impact on ecological environment, set out measures on the prevention and control, and be submitted it, according to the fixed procedures, to the environmental protection department for examination and approval.
Prior to putting a construction project into production or use, its facilities for atmospheric pollution prevention and control must be inspected by the environmental protection department. No construction project which fails to comply with the State's regulations on the environmental protection for it may be put into production or use.
Article 11
An unit sending the pollutant into the air must report, in accordance with regulations of the environmental protection department of the State Council, to the environmental protection department in the place where it is situated its existing pollutant discharge and treatment facilities and the category, quantity and concentration of the pollutant discharged under its normal operation conditions, and furnish technical data and information related to the prevention and control of atmospheric pollution.
Any substantial change of the category, quantity or concentration of the pollutant discharged must be reported forthwith. If a pollutant treatment facilities is to be removed or to be left idle, approval from the environmental protection department in the place where it is situated must be obtained.
Article 12
An unit sending the pollutant into the air beyond the prescribed discharge standard shall take effective measures to control the pollution and pay the fee for excessive discharge as stipulated by the State. Such fees collected must be used for pollution prevention and control.
An enterprise or undertaking unit which causes serious atmospheric pollution shall be ordered to eliminate and control the pollution within a time limit.
Article 13
Within the scenic or historic sites, nature reserves and other areas specially protected, which are designated by the State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government, no industrial and production facilities that cause environmental pollution may be constructed and, if other installations are to be constructed, their discharge of pollutants may not exceed the prescribed discharge standards. Any installation already constructed in such areas by the enterprise or undertaking unit prior to the entry into force of this Law which pollutant exceeds the prescribed discharge standards shall be ordered to eliminate and control such discharge within a time limit.
Article 14
If an enterprise or undertaking unit under the jurisdiction of the people's government at or below the city or county level is to be ordered to make such elimination and control within a time limit, it shall be proposed by the department for environmental protection of the people's government at the city or county level and be reported to the people's government at the same level for a decision. If an enterprise or undertaking unit under the jurisdiction of the Central Government or of the people's government of province, autonomous region or municipality directly under the Central Government is to be ordered to make such elimination and control within a time limit, it shall be proposed by the department for environmental protection of the people's government of the province, autonomous region or municipality directly under the Central Government, and be reported to the people's government at the same level for a decision.
Article 15
Every enterprise shall adopt in priority production techniques which have a high energy utilization efficiency and a low discharge of pollutants, so as to reduce the atmospheric pollutants.
The State implements an elimination system on obsolete production techniques and equipment which cause serious atmospheric pollution.
The competent comprehensive department of the State Council for economy, in co-operation with relevant departments of the State Council, shall publish catalogues of production techniques causing serious atmospheric pollution which are to be forbidden for use, and of equipment causing serious atmospheric pollution which are to be forbidden to be manufactured, marketed, imported and used.
Manufacturers, sellers, importers or users must, within the period of time specified by the competent comprehensive department of the State Council for economy together with other relevant departments of the State Council, stop manufacturing, marketing, importing or using the equipment which is included in the catalogues provided by the preceding paragraph. Users of production techniques must, within the period of time specified by the competent comprehensive department of the State Council for economy together with relevant departments of the State Council, stop adopting any production technique which is included in the catalogue mentioned in the preceding paragraph.
Any equipment which has been eliminated pursuant to the provisions of the preceding two paragraphs may not be transferred to others for use.
Article 16
An unit discharging or leaking, as a result of an accident or any other unexpected matter, toxic or harmful gas or radioactive substances which causes or might cause atmospheric pollution accidents or human health harm, must forthwith take emergency measures to prevent and control such hazards, make known all units and persons likely being so endangered, and report it to the local environmental protection department, and accept investigation and disposal.
Under an urgent circumstance that serious atmospheric pollution endangers human health and safety, the local people's government must take compulsory emergency measures, including to order the unit concerned to stop the discharge of pollutants.
Article 17
Every environmental protection department or any other supervision and control department has the right to make on-site inspection in the pollutant discharging units within its jurisdiction, an unit being inspected must truthfully report the situation and furnish all necessary information and materials. Departments which exercise such inspection shall have the obligation to keep confidential the technological know-how and business secrets of the units being inspected.
Article 18
The department of the State Council for environmental protection shall establish a monitoring system over atmospheric pollution, organize the monitoring network and work out unified monitoring methods.
Chapter III Prevention and Control of Atmospheric Pollution Caused by Coal Burning
Article 19
The competent department concerned of the State Council shall, in accordance with the national standards of boiler soot discharge, incorporate corresponding requirements into the quality standards of boilers; no boiler failing to meet such requirements may be manufactured, marketed or imported.
Article 20
The soot discharge of an industrial stove kiln newly constructed or boiler newly installed may not exceed the prescribed discharge standards.
Article 21
Urban construction shall be conducted on the basis of over-all planning, the unified provision of heat sources and the development of central heating.
Article 22
Departments concerned of the State Council and local people's governments at all levels shall adopt measures to improve urban fuel structure, develop urban gas supply, and popularize the production and utilization of shaped coal.
Article 23
If, in densely inhabited areas, coal, gangue, coal cinder, coal ash or lime is piled, fire and dust prevention measures must be taken to prevent pollution to the atmosphere.
Article 24
The State promotes coal processing such as washing and dressing to reduce sulphur and ash contents in coal, and restricts the mining of high sulphur and high ash content coal. Any newly-constructed coal mines which digs high sulphur and high ash content coal must install corresponding coal washing and dressing facilities to make the sulphur and ash content meet the set standards.
Coal mines already constructed which dig high sulphur and high ash content coal shall, in accordance with their planning approved by the State Council, construct and install corresponding coal washing and dressing facilities within the prescribed period of time.
It shall be forbidden to mine and dig coal containing radioactive or toxic or harmful arsenic substances such as arsenic exceeding the prescribed standard.
Article 25
The people's governments of large- and medium-sized cities shall work out plans to make all civilian stoves within urban areas burn solid sulphur-type coal or other clean fuels within the prescribed period, so as to replace direct burning of raw coal.
Article 26
Any newly constructed thermal power plant within urban areas of cities shall, according to the need and conditions, adopt an integrated production of heat and electricity, arrange a simultaneous construction of heat supply pipe system with the main projects of such thermal power plant as well as a concurrent acceptance inspection and operation.
Article 27
The department of the State Council for environmental protection, together with departments concerned of the State Council, may, in line with such natural conditions as meteorology, topography and soil, designate, upon approval by the State Council, those areas where acid rain or serious pollution of sulphur dioxide already occurred or might occur as acid rain control areas or pollution of dioxide sulphur control areas.
For thermal power plants and other large- and medium-sized enterprises which discharge sulphur dioxide within those acid rain control areas and pollution of sulphur dioxide control areas, if they are newly constructed projects which can not use low sulphur coal, they must construct and install desulphurization and dust-removing facilities, or must take other measures to control the discharge of sulphur dioxide and to remove dust; if they are enterprises already constructed which can not use low sulphur coal, they shall take measures to control the discharge of sulphur dioxide and to remove dust. The State encourages enterprises to adopt advanced desulphurization and dust-removing technology.
Enterprises shall gradually take measures to control nitrogen oxide generated from coal burning.
Chapter IV Prevention and Control of Waste Gas, Dust and Stench Pollution
Article 28
Any discharge of waste gas and dust containing toxic substances into the air must be restricted; if such discharge is genuinely necessary, purification treatment shall be required so that the discharged waste gas and dust do not exceed the prescribed discharge standards.
Article 29
Inflammable gas generated during industrial production shall be recovered for use; if such gas is discharged into the air due to the lack of means of recovery for use, it shall be treated to prevent and control pollution.
Any discharge of converter gas, acetylene, yellow phosphorus tail gas generated during electric furnace process, and organic hydrocarbon tail gas must be reported to and approved by the local environmental protection department.
In case that discharge of inflammable gas is genuinely necessary because the facilities of recovery for use fails to operate normally, inflammable gas thus discharged shall be fully burnt or other measures to minimize atmospheric pollution shall be taken.
Article 30
In the case where the sulphide-bearing gas is discharged during the process of refining petroleum, producing synthetic ammonia, or coal gas, cooking fuel coal and smelting non-ferrous metals, desulphurization facilities shall be equipped or other desulphurization measures shall be taken.
Article 31
Any discharge of gas and aerocolloid containing radioactive substances into the air must be in compliance with relevant regulations of the State on protection against radioactivity, and may not exceed the prescribed discharge standards.
Article 32
An unit sending malodorous gas into the air must take measures to prevent the surrounding residential areas from being polluted.
Article 33
An unit sending dust into the air must take dust-removing measures.
Article 34
Within the densely inhabited areas, it is forbidden to burn asphalt, asphalt felt, rubber, plastics, leather or any other substance of which the burning generates toxic and harmful soot, dust or malodorous gas; if it is really to be burnt under special circumstances, it must be reported to and approved by the local environmental protection department.
Article 35
In transporting, loading, unloading and storing substances which may generate toxic and harmful gas or dust, sealing or other protective measures must be taken.
Article 36
Operators engaging in urban catering service must abide by relevant regulations of the State Council on environmental protection and control governing the catering service trade, and take measures to prevent lampblack pollution on the living environment of the surrounding persons.
Article 37
Pollutants emitted into the air by motor-driven vehicles and ships may not exceed the prescribed discharge standards. Prevention and control measures shall be taken on those motor-driven vehicles and ships which emit pollutants in excess of the prescribed standards. No automobile which emits pollutants in excess of the prescribed discharge standards of the State may be manufactured, marketed or imported. Concrete supervision and control measures shall be formulated by the State Council.
Article 38
The State encourages and supports the production and utilization of high-grade non-lead gasoline, and restricts the production and utilization of gasoline containing lead.
Competent departments concerned of the State Council shall work out plans to gradually reduce the production of gasoline containing lead, and eventually stop the production and utilization of gasoline containing lead.
Chapter V Legal Responsibility
Article 39
The environmental protection department or any other supervision and control department may give a warn or impose a fine, in light of the case, on the violator of this Law if he --
1. refuses to report or submits a false report on items for which registration is required by the department of the State Council for environmental protection for the discharge of pollutants; or
2. demolishes or leaves idle arbitrarily facilities for pollutant prevention and control without approval of the environmental protection department, or discharges pollutants in excess of the prescribed discharge standards; or
3. refuses the on-spot inspection performed by the environmental protection department or any other supervision and control department, or resorts to tricks and fraudulence when being inspected; or
4. burns in densely inhabited areas, in violation of the provisions of Article 34 of this Law, asphalt, asphalt felt or other substances whose burning generates toxic and harmful smoke, soot, dust and stench; or
5. fails to pay the fee for excessive discharge of pollutants according to regulations of the State.
Article 40
Anyone who, in violation of the provisions of Article 15 of this Law, manufactures, markets, imports or uses those equipment which are forbidden to be done so, or adopts techniques which are forbidden to be adopted, shall be ordered to make correction by the competent comprehensive economic department of the people's government at or above the county level; if the case is serious, such department shall make a proposal therefor and report it to the people's government at the same level for ordering to suspend its operation or close down as authorized by the State Council.
Article 41
In the case where a construction project is put into production or use before its facilities for the prevention and control of atmospheric pollution have been completed or the requirements on environmental protection and control on such construction project as stipulated by the State have been satisfied, the environmental protection department which previously examined and approved the environmental impact statement of such construction project shall order to suspend its production or use, and may impose a fine thereon concurrently.
Article 42
An enterprise or undertaking unit which fails to complete the elimination and control task within the set period of time as required shall be levied an additional fee for excessive pollutant discharge according to the State's regulations, and may be fined or ordered to suspend its operation or to close down in light of damage caused therefrom.
The decision of fine shall be made by the environmental protection department. The order for suspension of operation or closure shall be made by the people's government which previously made the decision on the prevention and control within a set period of time; An order for suspension of operation or closure of the enterprise or undertaking unit directly under the jurisdiction of the Central Government must be reported to the State Council for approval.
Article 43
Where an enterprise or undertaking unit, in violation of the provisions of this Law, causes an atmospheric pollution accident, the environmental protection department shall impose a fine thereon according to the damage thus caused; if the case is relatively serious, administrative penalty shall be meted out to persons concerned held responsible by the unit they belong to or its higher competent department.
Article 44
A party which disagrees with the administrative penalty may, within 15 consecutive days following receipt of the penalty notice, bring a suit before a people's court; if the party neither initiates legal action nor executes the penalty, the department which made the penalty decision shall apply to a people's court for a compulsory enforcement.
Article 45
The unit which causes an atmospheric pollution hazard shall be liable for elimination of such hazard and for the damages directly suffered by the units and persons.
If a dispute concerning compensation responsibility and amount of compensation arises, the environmental protection department may, at the request of the party, settle such a dispute; if the party disagrees with the decision, he may bring a suit before a people's court. The party also may bring a suit before a people's court directly.
Article 46
If, even after reasonable measures have been promptly taken, the damage caused by the atmospheric pollution as a result of irresistible nature disasters could not be averted, the party concerned shall be exempted from liability.
Article 47
The person being responsible for a serious atmospheric pollution accident that leads to grave consequences such as heavy public or private property damage or serious personal injuries or deaths shall be investigated for his criminal responsibility by applying mutatis mutandis the provisions of Article 115 or 187 of the Criminal Law of the People's Republic of China.
Article 48
A person engaging in the environmental protection supervision or management who abuses his power or neglects his duty shall be given an administrative penalty; if his act constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 49
The department of the State Council for environmental protection shall, in accordance with this Law, formulate detailed rules for its implementation, which shall enter into force upon approval by the State Council.
Article 50
This Law shall enter into force on June 1, 1988.
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