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中华人民共和国海洋倾废管理条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON CONTROL OVER DUMPING OF WASTES IN TH

2009-03-24 法律英语 来源:互联网 作者:
duals demanding compensation shall submit a report of pollution damage claim to the competent department as soon as possible. The report shall include the time, place, area, object of the damage, list of losses, technical authentication, and notarization. Relevant original documents and photos shall be of help.

  Article 19 Units entrusted with the job to eliminate pollutants shall, upon completion of the job, submit a report of claim to the competent department as soon as possible on expenses on eliminating pollution. The report shall include time, place, manpower involved, equipment, vessels, quantity of materials, unit price, methods of calculation, management fee, transportation fee, other relevant expenses, result, other relevant evidence and supporting materials.

  Article 20 Standards for penalties on law breaking acts:

  1. Anyone involved in one of the following acts shall be warned or fined 2,000 RMB yuan or less:

  (1) forging inspection reports on wastes;

  (2) failure to make waste dumping records according to Article 14 of these Regulations;

  (3) failure to report to the competent department and harbour superintendency administrations in time under the situation defined in Article 15 of these Regulations.

  2. If the actual cargo does not conform to the contents in the dumping permit and the case is serious, apart from suspension or revoking of the permit, a fine ranging from 2,000 to 5,000 RMB yuan may be imposed.

  3. Those who dump wastes without informing the competent department for verification in accordance with Article 12 of these Regulations may be fined from 5,000 to 20,000 RMB yuan.

  4. A fine of 20,000 to 100,000 RMB yuan may be imposed for any of the following acts:

  (1) dumping wastes into the ocean without permission;

  (2) failure to dump wastes according to the approved terms and in the designated areas, excluding circumstances specified in Article 15 of these Regulations.

  Article 21 Those directly responsible for violation of these Regulations which has caused or is likely

to cause pollution damage to the environment may be given a warning or a fine, or both, by the competent department.

  Those directly responsible for violation of these Regulations which has caused damage to marine environment resulting in serious property losses or personal injuries and deaths, shall be dealt with by judicial organs for their legal liabilities.

  Article 22 The party concerned that does not accept the penalty imposed by the competent department may bring a suit before the people's court within 15 days of receipt of the written decision on the penalty. If no suit is filed, nor has the decision been carried out upon the expiration of that period, the competent department shall petition the people's court to enforce the decision in accordance with the law.

  Article 23 Those who, on their own initiative, expose, report on and provide evidences against acts that have violated these Regulations and caused pollution damage to marine environment, or who have done meritorious deeds by taking effective measures to reduce pollution damage shall be commended or awarded.

  Article 24 These Regulations shall come into force on April 1, 1985.

  Annex I Substances Forbidden to be Dumped

  1. Wastes containing halogen element and its compounds, chemical compounds mercury, mercury compound, cadmium and cadmium compounds are forbidden; but negligible content or that which soon changes into harmless substance in the sea water are excluded.

  2. Wastes with strong radioactivity and other substances that are strongly radio active.

  3. Crude oil and oil waste, refined oil products, residual oil and such oil mixtures.

  4. Fishing net, ropes, plastic products and other artificial synthesis which can float on the surface or suspend in the water; and thus seriously affect navigation, fishing and other activities endanger the ocean life.

  5. Sewer mud and dredged stuff containing substances as listed in 1 and 2 of this Annex.

  Annex II Substances to be Dumped only with Special Permits

  1. Wastes that have a high content of the following substances:

  (1) arsenic and its chemical compounds;

  (2) lead and its chemical compounds;

  (3) copper and its chemical compounds;

  (4) zinc and its chemical compounds;

  (5) chemical compounds of organic silicon;

  (6) cyanides;

  (7) fluorine chemicals;

  (8) beryllium, chromium, nickel, vanadium and their chemical compounds;

  (9) pesticides and their by-products which are not listed in Annex I, excluding those which are harmless or can soon dissolve into harmless substances in the sea.

  2. Wastes that contain weak radioactive matters.

  3. Containers, waste metals and other heavy waste materials that will easily sink to the bottom of the sea and might seriously hinder fishing or navigation.

  4. Sewer mud and dredged stuff containing substances listed in 1 and 2 of this Annex

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