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国务院关于环境保护若干问题的决定 DECISION OF THE STATE COUNCIL ON SEVERAL ISSUES CONCERNING ENVIRONMENTAL PROTECTION

2009-03-24 法律英语 来源:互联网 作者:

国发(1996)31号
(August 3, 1996)
颁布日期:19960803  实施日期:19960803  颁布单位:国务院

  With a view to further carrying out the basic state policy of environmental protection, implementing the strategy of sustainable development, executing the Ninth-Five-Year Plan of the People's Republic of China on National Economy and Social Development and Outlines of Objectives in Perspective of the Year 2010, and realizing the environmental protection objectives of bringing the worsening tendency of environmental pollution and ecological deterioration under control and improving to certain extent environmental quality of some cities and regions by the year 2000, the following decision is hereby made:

  1. Specifying objectives and adopting procedures through which administrative officials shall be held responsible for environmental quality

  Discharge of pollutants should be subject to control of maximum quantity. A national and systemic maximum quantity index of major pollutants and a practice of regular publication thereof should be adopted in real earnest.

  By the year 2000, industrial pollution sources all over the country shall meet national or local standards on discharge of pollutants; different provinces, autonomous regions and municipalities directly under the central government should control maximum discharge of major pollutants under their respective jurisdiction within the maximum discharge quantity index laid down by the state. The worsening tendency of environmental pollution and ecological disruption could be generally brought under control. Municipalities directly under the central government, capital cities of provinces, cities within special economic zones, coastal open cities, and key tourist cities should all keep environmental air and environmental quality of surface water up to the corresponding national standards in terms of their functional categories. The Huaihe River and the Taihu Lake should have waters cleared. The Haihe River, the Liaohe River, the Dianchi Lake and the Chaohu Lake should have the quality of surface water markedly improved.

  Local people's governments at different levels should adopt a policy of administrative officials being held responsible for environmental quality under their jurisdiction. They should, according to the above-mentioned objectives, set local objectives and measures for control over discharge quantity of major pollutants and for improvement of environmental quality, and should submit them to people's governments at higher levels for the record.

  Local people's governments at different levels and leading officials thereof shall perform their duties of environmental protection according to law, and shall resolutely enforce environmental protection laws, regulations and policies. Environmental quality within jurisdiction should be an important item for evaluation of principal leading officials of government.

  People's governments at different levels should include environmental protection on their working agendas as an important item, regularly deliberate and solve in time issues concerning environmental protection and make such conducts compulsory practices.

  2. Stressing on key points and solving regional environmental problems in real earnest

  Local people's governments at different levels should resolutely enforce the law of the People's Republic of China on the Prevention and Control of Water Pollution, effectively strengthen the prevention and control of water pollution so as to ensure safety in industrial and agricultural production and people's daily use of water. Drinking water sources, which closely concerns people's livelihood, shall be well protected as key points. Drinking water sources protective zones shall be delimited and placed under rigorous supervision. The prevention and control of water pollution in valleys shall be strengthened. The system of maximum quantity contro

l and the verification procedure for control over discharge of major pollutants shall be applied, according to law, where attempts to control discharged water pollutants within prescribed standards still fail to meet national prescribed standards for water environment quality. Water pollution in rivers of Huaihe, Haihe, Liaohe, and lakes of Taihu, Chaohu and Dianchi shall be controlled as key points. The prevention and control on water pollution in other rivers, lakes, reservoirs and coastal waters shall also be strengthened.

  Local people's governments at different levels shall, according to the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution, do proper work to prevent and control air pollution, put stress on air pollution by fuel coal, and bring under control the worsening of pollution by sulphur dioxide and acid rain. The State Administration for Environmental Protection shall, as soon as possible and in consultation with relevant departments, put forward opinions on delimitation of acid rain control zones and sulphur dioxide pollution control zones and propose required objectives for their control, then submit them to the State Council for approval before their enforcement.

  People's governments of cities shall strengthen comprehensive control over city environment, put emphasis on control of waste water, waste gas, waste residue and noise pollution. During the Ninth-Five-Year Plan period, cities with a municipal government, particularly cities with more than 500,000 non-agricultural population, shall, through a variety of channels, raise and collect funds for the construction of sewage disposal facilities suited to city conditions so that water environmental pollution in cities could be alleviated in real earnest. Municipalities which are located in heating areas shall spread use of clean heating systems such as centralized heating, and may not establish new boiler rooms scattered around. Gas burning areas in cities shall be enlarged and raw coal shall be replaced. By the year 2000, large-and medium-sized cities shall have only sulphur-fixing shaped coal or other clean fuels used for urban residents' kitchen ranges. Priority shall be given to development of different forms of urban public transit. Motor vehicles shall be encouraged to use clean fuels, and similar other measures shall be adopted so as to reduce air pollution by tail gas of vehicles. Large- and medium-sized cities shall, step by step, expand using of bags for urban residential refuse that shall then be sorted out, collected, stored, removed, and processed for harmless conversion. Rigorous measures shall be taken to control environmental noise pollution so as to reduce its disturbance to citizens.

  Local people's governments at different levels shall, according to relevant regulations of the State Council, take effective measures to strengthen environmental management in countryside and township enterprises. The governments shall make comprehensive designing for reasonable layouts, offer instructions in light of special situations, and develop low-pollution or non-pollution industries that are suited to localities, and combined with overall countryside and township development. The construction of countryside and township enterprises shall be relatively concentrated so that their ability to dispose of pollution could be markedly raised and the worsening of environmental pollution and ecological deterioration caused by countryside and township enterprises could be thoroughly reversed. The State Administration for Environmental Protection shall be instructed to closely attend to formulating, in consultation with the Ministry of Agriculture, the State Planning Commission, and the State Economic and Trade Commission, detailed rules on strengthening the environmental protection work of countryside and township enterprises.

  3. Making strict checks and resolutely controlling new pollu

tion


  All large-, medium- or small-sized construction projects, expanded construction projects or reconstruction projects, and all technological renovation engineering (hereinafter referred to as construction projects for short) shall start from a raised technological level, adopt clean productive technology with low energy consumption, low materials consumption and low pollutants discharge quantity, and shall be strictly prohibited from using equipment or technology precisely banned by the state. Construction projects that influence on environment shall, in strict accordance with the law, conform with the environmental impact assessment provisions and the “three-stage simultaneous” requirement, according to which environmental protection facilities shall be designed, constructed and put into production simultaneously with main construction structures. Total construction investments should contain capital for construction of environmental protection facilities. Construction projects after being completed and put into production or use shall steadily attain the standards on discharge of pollutants prescribed by the state or localities. Environmental capacity shall be an important criterion for environmental impact assessment of construction projects. Where pollution is serious, new construction projects shall be supposed to offset old ones in calculating environmental capacity so as to ensure a decrease of total quantity of pollutants discharge.

  When a construction project is found to fail to meet environmental protection standards at the stage of examination for approval or at the stage of acceptance after completion, the administrative department in charge of environmental protection may not grant approval to the environmental impact statement of the construction project or the acceptance report on environmental protection facil

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