中华人民共和国大气污染防治法实施细则 RULES FOR IMPLEMENTATION OF THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PREVE

y a deadline by the people's government according to its jurisdiction.

　　Article 19 The inflammable gas engendered during industrial production such as the coking furnace gas， blast furnace gas， mining gas that is sent out steadily or synsetic ammonia gas shall be recovered for utilization. Those having the condition of recovery for utilization do not recover for utilization shall be ordered to eliminate or control the pollution by a deadline by the environment protection department of people's government at or above the county level with approval of the concerned people's government that the enterprise is subordinated to.

　　Article 20 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 due to specific circumstance shall be approved by the local environment protection department， and these materials shall be centrally burned in the established burning furnace.

　　When a fixed smelting furnace is to be used in a building construction of cities and towns， sealing measures shall betaken.

　　Article 21 In the transportation， loading and unloading， and storage of substances that may diffuse toxic or harmful gases or dust， the protective measures such as sealing or covering ， spraying measures must be taken according to the concerning provisions.

　　Article 22 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.

　　Article 23 The environment protection department of the people's government at various levels shall conduct unified supervision and administration on the prevention and control of atmospheric pollution caused by the motorized vehicles and vessels.

　　The administrative departments of public security， transportation， railways and fishery at various levels shall， by performing their respective functions， cond

uct supervision and administration on the atmospheric pollution caused by motorized vehicles and vessels.

　　Article 24 The administrative departments for manufacture and maintenance of motorized vehicles and vessels shall incorporate the prevention and control of atmospheric pollution caused by motorized vehicles and vessels into the industrial quality management.

　　Automobiles that discharge pollutants in excess of the national discharge standards shall not permitted to be manufactured， sold or imported.

　　Chapter V Legal Liability

　　Article 25 A fine， which shall be imposed of according to the provisions of Article 31 of the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution， shall be executed pursuant to the following provisions：

　　（1） those who refuse to report or submit a false report on items for which registration is required by the environment protection department under the State Council for the discharge of pollutants shall be imposed of a fine ranging from 300 to 3000 yuan；

　　（2） those who dismantle or leave idle the installations for the prevention and control of pollutants without prior approval by the environmental protection department ， or discharge pollutants in excess of the prescribed discharge standards shall be imposed of a fine ranging from 500 to 30000 yuan；

　　（3） those who refuse an on-the-spot inspection by the competent environmental protection department or other supervisory and management departments， or resort to trickery and fraud during inspection shall be imposed of a fine ranging from 300 to 3000 yuan；

　　（4） those who without authorization burn asphalt， asphalt felt， rubber， plastics， leather and other material that may produce toxic or harmful smoke or dust or malodorous gases in densely inhabited areas shall be imposed of a fine ranging from 300 to 3000 yuan；

　　（5） those who fail to pay the fee for excessive discharge of pollutants according to the state provisions shall be imposed of a fine ranging from 1000 to 10000 yuan.

　　Article 26 A fine， which shall be imposed of according to the provisions of Article 32 of the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution， shall be executed pursuant to the following provisions：

　　（1） When a construction project is put into operation or used in circumstances where its facilities for the prevention and control of atmospheric pollution have not completed， the environment protection department responsible for the examination and approval of the environment impact statement on the construction project shall order the suspension of its operation or use and may concurrently impose a fine ranging from 5000 to 50000 yuan；

　　（2） When a construction project is put into operation or used in circumstances where its facilities for the prevention and control of atmospheric pollution fail to meet the requirements specified in the state provisions concerning environmental protection for such a construction project， the environment protection department responsible for the examination and approval of the environment impact statement on the construction project shall order the suspension of its operation or use and may concurrently impose a fine ranging from 2000 to 20000 yuan.

　　Article 27 According to the provisions of paragraph 1 in Article 33 of the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution an enterprise or institution that has failed to eliminate or control pollution by the deadline as required shall be imposed of a fine ranging from 10000 to 100000 yuan.

　　Article 28 A fine， which shall be imposed of according to the provisions of Article 34 of the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution， shall be executed pursuant to the following provisions：

　　（1） those e

nterprises or institutions which cause an atmospheric pollution accident shall be imposed of a fine ranging from 10000 to 50000 yuan；

　　（2） those which cause a substantial economic loss shall be fined on the basis of 30 percent of the direct loss but not exceeding 200000 yuan.

　　Article 29 The environment protection department of the people's government at or above county level may impose a fine not more than 10000 yuan， but a fine more than 10000 yuan shall be reported to the environment protection department of the people's government at the higher level for approval.

　　The environment protection department of the people's government of municipality directly under the province government may impose a fine not more than 50000 yuan， but a fine more than 50000 yuan shall be reported to the environment protection department of people's government at the province level for approval.

　　The environment protection department of the people's government of provinces， autonomous regions or municipalities directly under the Central government may impose a fine not more than 200000 yuan.

　　All the fine amount shall be handed over to the state treasury， and no unit or individual shall hold back.

　　Article 30 The units or individuals that pay the fee for excessive discharge of pollutants or are warned or fined shall not be exempted from the liability of eliminating the pollution， removing the hazard or of making compensation to the losses.

　　Chapter VI Supplementary Provisions

　　Article 31 The relevant departments under the State Council and the people's governments of provinces， autonomous regions or municipalities directly under the Central government may formulate implementing measures according to the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution and these Regulations.

　　Article 32 The environment protection department under the State Council shall be responsible for explanations to these Rules.

　　Article 33 These Rules shall be implemented as of the date of July 1， 1991

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