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

gasoline.

　　The competent department concerned under the State Council shall work out a program， reducing step by step the output of leaded gasoline till stopping the production and use of leaded gasoline.

　　Chapter V Legal Liability

　　Article 39 Any viola

tor of this Law shall， according to the circumstances of the case， be warned or fined by the competent environmental protection department or another supervisory and management department for any of the following acts： （1） refusing to report or submitting a false report on items for which registration is required by the environmental protection department under the State Council for the discharge of pollutants；

　　（2） dismantling or leaving idle the installations for the prevention and control of pollutants without prior approval by the environmental protection department， or discharging pollutants in excess of the prescribed discharge standards；

　　（3） refusing an on-site inspection by the competent environmental protection department or another supervisory and management department， or resorting to trickery and fraud during inspection；

　　（4） burning， in violation of Article 28 of this Law， asphalt， asphalt felt and other substances that produce toxic or harmful smoke or dust or malodorous gases in densely inhabited areas； or

　　（5） failing to pay， according to state provisions， the fee for excessive discharge of pollutants.

　　Article 40 Where anyone， in violation of provisions of Article 15 of this Law， produces， sells， imports or uses equipment which is prohibited from production， sale， importation and uses or adopts technology the adoption of which is prohibited， the competent department of economy of the people's government at or above the county level shall order the offender to make corrections； in serious cases， the competent department of economy of the people's government at or above the county level shall submit suggestions for the suspension of operations or closure of the offender to the people's government at the same level， and the latter shall make a decision thereon within the limit of their function and power set by the State Council.

　　Article 41 When a construction project is put into operation or to use in circumstances where its facilities for the prevention and control of atmospheric pollution either have not been completed or fail to meet the requirements specified in the state provisions concerning environmental protection for such a construction project， the environmental protection department responsible for the examination and approval of the environmental impact statement on the construction project shall order the suspension of its operations or use and may concurrently impose a fine.

　　Article 42 An enterprise or institution that has failed to eliminate or control pollution by the deadline as required shall， as provided for by state， pay a fee for excessive discharge； in addition， a fine may be imposed on it on the basis of the damage incurred， or the enterprise or institution maybe ordered to suspend its operations or close down.

　　The fine shall be decided by the competent environmental protection department. An order for the suspension of operations or closure of an enterprise or institution shall be issued by the people's government that set deadline for the elimination or control of pollution. An order for the suspension of operations or closure of an enterprise or institution directly under the jurisdiction of the Central Government shall be submitted to and approved by the State Council.

　　Article 43 An enterprise or institution which causes an atmospheric pollution accident through violation of this Law shall be fined by the competent environmental protection department on the basis of the damage incurred. In serious cases， the persons responsible shall be subject to administrative sanctions by the unit to which they belong or by a higher competent authority.

　　Article 44 A party refusing to accept the decision on administrative sanction may bring a suit before a people's court within 15 days of receiving the notification on such a decision. If， upon the expiration of this period， the party has neither brought a

suit nor complied with the decision， the organ which imposed the sanction may apply to the people's court for compulsory enforcement.

　　Article 45 A unit that has caused an atmospheric pollution hazard shall have the responsibility of removing the hazard and of making compensation to the units or individuals that have suffered direct losses.

　　A dispute over the liability to make compensation or the amount of compensation may， at the request of the parties， be settled by an environmental protection department， if a party refuses to accept the decision， it may bring a suit before a people's court. The party may also bring a suit before the people's court directly.

　　Article 46 If atmospheric pollution losses result directly from irresist able natural disasters which cannot be averted even after reasonable measures have been promptly taken， the party concerned shall be exempted from liability.

　　Article 47 Should a serious atmospheric pollution accident occur that leads to any grave consequences of heavy public or private property losses or serious personal injuries or deaths， the criminal liability of the persons responsible for such an accident may be investigated by applying mutatis mutandis the provisions of Article 115 or 187 of the Criminal Law.

　　Article 48 Any supervisory and management person for environmental protection who commits abuse of power or neglect of duty shall be subject to administrative sanction； if his act constitutes a crime， his criminal liability shall be investigated according to law.

　　Chapter VI Supplementary Provisions

　　Article 49 The environmental protection department under the State Council shall， in accordance with this Law， formulate rules for its implementation， which shall be put into effect after being submitted to and approved by the State Council.

　　Article 50 This Law shall come into force as of June 1， 1988.

　　DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON REVISING THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF ATMOSPHERIC POLLUTION

　　（Adopted at the 15th Meeting of the Standing Committee of the Eighth National People's Congress on August 29， 1995， and promulgated by Order No. 54 of the President of the People's Republic of China on August 29， 1995）

　　Decision

　　The 15th Meeting of the Standing Committee of the Eighth National People's Congress has resolved to make the following amendments to the Law of the People's Republic of China on Prevention and Control of Atmospheric Pollution：

　　1. One paragraph shall be added to Article 8 as the first paragraph： “The state shall adopt economic and technological policies and measures which are advantageous to the prevention and control of atmospheric pollution and to relevant comprehensive utilization activities.”

　　2. One article shall be added as Article 9： “The people's governments at various levels shall strengthen the work of tree planting and urban afforestation， and try to improve the quality of the atmospheric environment.”

　　3. One article shall be added as Article 15： “Enterprises shall give priority to the adoption of clean production technology with which a relatively high utilization ratio of energy can be realized and the discharged pollutants can be decreased so as to reduce the production of atmospheric pollutants.

　　“The state shall adopt an elimination system towards those backward productive technologies and equipment which may cause serious atmospheric pollution.

　　“The competent department of economy under the State Council， in conjunction with other relevant departments under the State Council， shall publish a list of technologies which may cause serious atmospheric pollution and the adoption of which must be halted within a specified time limit， and a list of equipment which may cause serious atmospheric pollution and the production， sa

le， import and use of which must be halted within a specified time limit.

　　“The producers， sellers， importers and users must， within the time limit prescribed by the competent department of economy under the State Council in conjunction with other relevant departments under the State Council， stop the production， sale， import or use of any equipment placed on the list mentioned in the preceding paragraph. The user of such productive technology must， within the time limit prescribed by the competent department of economy under the State Council in conjunction with other relevant departments under the State Council， stop the adoption of the productive technology placed on the list mentioned in the preceding paragraph.

　　“The equipment eliminated under the two preceding paragraphs shall not be transferred to others for use.”

　　4. One article shall be added as 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

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