中华人民共和国大气污染防治法(修正) Law of the Peoples Republic of China on the Prevention and Control of Atmospheric
2009-03-24 法律英语 来源:互联网 作者: ℃The equipment eliminated under the two preceding paragraphs shall not be transferred to others for use.
Article 16 Any unit that, as a result of an accident or any other exigency, discharges or leaks toxic or harmful gas or radioactive substances, thereby causing or threatening to cause an accident of atmospheric pollution and jeopardize human health, must promptly take emergency measures to prevent and control the atmospheric pollution hazards, make the situation known to such units and inhabitants as are likely to be endangered by the atmospheric pollution hazards, report the case to the local environmental protection department and accept its investigation and disposal.
Under the urgent circumstances of a severe atmospheric pollution that jeopardizes human health and safety, the local people's government must take compulsory emergency measures, including ordering the pollutant discharging units concerned to stop the discharge of pollutants.
Article 17 The environmental protection departments and other supervisory and management departments shall be empowered to make on-site inspections of units under their jurisdiction that discharge pollutants. The units being inspected must truthfully report the situation to them and provide them with the necessary information. The inspecting authorities shall have the obligation to keep confidential the technological know-how and business secrets of the units inspected.
Article l8 The environmental protection department under the State Council shall set up a monitor
ing system for atmospheric pollution, organize a monitoring network and work out unified monitoring measures.
Chapter III Prevention and Control of Pollution from Burning Coal
Article 19 The competent department concerned under the State Council shall, pursuant to the standards for boiler soot discharge prescribed by the state, stipulate corresponding requirements in the boiler quality standards; boilers that do not meet the prescribed requirements shall not be permitted to be manufactured, sold or imported.
Article 20 The soot discharge of newly built industrial kilns and newly installed boilers shall not exceed the prescribed discharge standards.
Article 21 Urban construction shall be conducted on the basis of overall planning, the unified provision of heat sources and the development of central heating.
Article 22 The relevant departments under the State Council and the local people's governments at various levels shall adopt measures to improve the urban fuel structure, develop urban gas supply, and popularize the production and utilization of shaped coal.
Article 23 When coal, gangue, coal cinder, coal ashes or lime is stored in densely inhabited areas, fire and dust prevention measures must be taken in order to prevent atmospheric pollution.
Article 24 The state shall pursue coal washing processing so as to reduce the sulfur content and ash content of coal, and shall restrict the mining of coal with high sulfur content and high ash content. With regard to newly developed coal mines of coal with high sulfur content and high ash content, appropriate coal washing facilities must be installed so as to make the coal meet the statutory standards with respect to the sulfur content and ash content.
With regard to those already established coal mines of coal with high sulfur content and high ash content, appropriate coal washing facilities must be installed within a time limit according to the program approved by the State Council.
The mining of coal containing poisonous and harmful substances such as radioactive matter and arsenic in excess of the limits prescribed by the statutory standards shall be prohibited.
Article 25 The people's governments of large and medium cities shall work out a plan which shall set a time limit within which raw coal shall progressively be substituted by sulfur-solidified coal or other clean fuels for urban residents' kitchen ranges.
Article 26 With regard to newly built thermal power plants in urban areas, in the light of needs and conditions, the production of heating power and the production of electric power shall be combined, and the heating system shall be constructed, checked and put into operation in pace with the principal part of the project.
Article 27 The competent department of environmental protection under the State Council may, in conjunction with other departments concerned under the State Council, in the light of natural conditions such as meteorological phenomena, topography, soil, etc., and after approval by the State Council, designate areas where acid rain has appeared or is likely to appear or other areas where sulfurous anhydride pollution is serious, as acid rain control areas or sulfurous anhydride pollution control areas.
With regard to a thermal power plant or other large or medium plants discharging sulfurous anhydride in acid rain control areas or sulfurous anhydride pollution control areas, if it is a new construction project and using coal with a low sulfur content is impossible, it shall install the appropriate desulfurization and cleaning facilities or adopt other measures to control the discharge of sulfurous anhydride and make the coal clean; if it is an old plant and does not use coal with a low sulfur content, it shall adopt measures to control the discharge of sulfurous anhydride and make the coal clean. The state shall encourage ente
rprises to adopt advanced desulfurization and cleaning technology.
Enterprises shall progressively adopt measures to control nitrogen oxide produced by burning coal.
Chapter IV Prevention and Control of Pollution by Waste Gas, Dust and Malodorous Substances
Article 28 The discharge of toxic waste gas and dust into the atmosphere shall be strictly restricted. When such discharge is really necessary, the discharged gas or dust shall undergo purification treatment and shall not exceed the prescribed discharge standards.
Article 29 Inflammable gas engendered during industrial production shall be recovered for utilization; if such gas is discharged into the atmosphere due to the absence of the means of recovery for utilization, it shall undergo treatment for the prevention and control of pollution.
The discharge into the atmosphere of converter gas, acetylene, yellow phosphoric tail gas engendered by the electric furnace process, and organic hydrocarbon tail gas must be reported to the local environmental protection department for approval.
When the discharge of inflammable gas is really necessary because of the malfunctioning of the recovery and re-use installations, the inflammable gas discharged shall be fully burnt, or other measures shall be taken, to reduce atmospheric pollution.
Article 30 Units that discharge sulphide-bearing gas in the process of refining petroleum, producing synthetic ammonia or coal gas, cooking fuel coal and smelting non-ferrous metal shall be equipped with desulfurizing installations or shall adopt other measures for desulfurization.
Article 31 The discharge of gases and aerosols containing radioactive substances into the atmosphere must comply with state provisions on radioactivity protection and must not exceed the prescribed discharge standards.
Article 32 Units that discharge malodorous gases into the atmosphere must take measures to prevent the pollution of neighboring residential areas.
Article 33 Units that discharge dust into the atmosphere must adopt measures to remove such dust.
Article 34 The burning of asphalt, asphalt felt, rubber, plastics, leather and other materials that may produce toxic or harmful smoke or dust or malodorous gases in densely inhabited areas shall be prohibited; when, under special circumstances, such burning is really necessary, it must be reported to the local environmental protection department for approval.
Article 35 In the transportation, loading and unloading, and storage of substances that may diffuse toxic or harmful gases or dust, sealing or other protective measures must be taken.
Article 36 Operators of catering businesses in urban areas must comply with provisions of the State Council concerning environmental protection with respect to the catering trade, and take measures to protect the neighboring residents' living environment from lampblack pollution.
Article 37 Motorized vehicles and vessels shall not be permitted to discharge atmospheric pollutants in excess of the prescribed discharge standards; measures shall be taken to deal with motorized vehicles and vessels that discharge atmospheric pollutants in excess of the prescribed discharge standards. Automobiles that discharge pollutants in excess of the national discharge standards shall not be permitted to be manufactured, sold or imported. Specific measures for supervision and management shall be formulated by the State Council.
Article 38 The state shall encourage and support the production and use of high-grade lead-free gasoline, and restrict the production and use of leaded
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