Law of the peoples Republic of china on prevention and control of Radioactive pollution 中华人民共和国放射性污染
2009-03-24 法律英语 来源:互联网 作者: ℃Article 51 Where, in violation of the provisions of this Law, the facilities for prevention and control of radioactive pollution or facilities for prevention and control of radioactive pollution or the facilities for protection against radiation are not constructed, or the main part of the project is put into production or operation when the said facilities are not accepted as qualified, the administrative department for environmental protection, which examines and gives approval to environmental to environmental impact assessment documents shall order cessation of the violation set a time limit on its rectification and, in addition impose a fine of not less than 50,000 yuan but not more than 200,000yuan.
Article 52 Any unit operating nuclear installations that, in violation of provisions of this Law and without obtaining a license or approval, constructs, loads fuel into, operates or decommissions nuclear installations shall be instructed by the administrative department for environmental protection under the state Council to cease the violation and to rectify within a time limit and shall, in addition be fined not less than 200,000 yuan but not more than 500,000yuan. If the violation constitutes a crime it shall be investigated for criminal responsibility in accordance with law.
Article 53 Any unit that, in violation of the provisions of this Law, produces, sells uses, transfers ownership of, or stores radioisotopes or stores radioisotopes or radiation-emitting devices or is equipped with instruments of radioisotopes shall be instructed by the administrative department for environmental protection under the people's government at or above the county level or a relevant department, in compliance with its functions and powers, to cease the violation and to rectify within a time limit; if it fails to comply at the expiration of the time limit, it shall be instructed to suspend production and operation or its licence shall be revoked; the unlawful gains, if any, shall be confiscated ; if the unlawful gains exceed 100,000yuan, it shall, in addition be fined nit less than the amount of such gains but not more than five times that amount; if there are no unlawful gains or such gains are less tha
n 100,000yuan, it shall, in addition, be fined not less than 10,000yuan but not more than 100,000yuan. If the violation constitutes a crime it shall be investigated for criminal responsibility in accordance with law.
Article 54 Any unit that in violation of the provisions of this Law, commits one of the following acts shall be instructed by the administrative department for environmental protection under the people's government at or above the county level to cease the violation and to rectify within a time limit and shall be fined. If the violation constitutes a crime, it shall be investigated for criminal responsibility in accordance with law:
(1)failing to construct a tailings repository, or failing to do so in conformity with the requirements for prevention and control of radioactive pollution, for storage and disposal of uranium(thorium)and accompanying radioactive mine tailings;
(2)discharging into the environment gaseous and liquid radioactive waste that is not allowed to be discharged;
(3)failing to discharge liquid radioactive waste in accordance with relevant regulations but using, instead seeping wells, seeping pits, natural crevices or limestone caves to discharge liquid radioactive waste or other means prohibited by the state;
(4)Failing to treat or store, in according with the relevant regulations, liquid radioactive waste that is not allowed to be discharged into the environment; and
(5)Sending solid radioactive waste to a unit without a license for storage or disposal or entrusting such a unit with the same.
Any unit that commits one of the acts specified in subparagraphs (1),(2),(3)and (5)mentioned in the preceding paragraph shall be fined not less than 100,000yuan but not more than 200,000yuan; if it commits one of the acts specified in subparagraphs (4), it shall be fined not less than 10,000yuan but not mire than 100,000yuan.
Article 55 Any unit than in violation of the provisions of this Law, commits one of the following acts shall be instructed by the administrative department for environmental protection under the people's government at or above the county level or a relevant department, in compliance with its functions and powers, to rectify within a time limit, if it fails to comply at the expiration of the time limit, it shall be instructed to suspend production and operation and shall, in addition, be fined not less than 20,000 yuan but not more than 100,000yuan. If the violation constitutes a crime, it shall be investigated for criminal responsibility in accordance with law:
(1)failing to place radiation labels or marks or warning descriptions in Chinese in accordance with relevant regulations;
(2)failing to establish a sound security and safeguard system and to draw up contingency plans or take contingency measures against accidents in accordance with relevant regulations; and
(3)failing to report, in accordance with relevant regulations, the missing or theft of radioactive sources or an accident causing radioactive pollution.
article 56 Any unit producing solid radioactive waster that fails to have the waste it produces disposed of in accordance with the provisions of article 45 of this law, it shall be instructed by the administrative department for environmental protection with examines and gives approval to the environmental impact assessment document concerning the project the unit undertakes to construct, to cease the violation and to rectify within a time limit; if it fails to comply at the expiration of the time limit, the said department shall designate a unit that has the capabilities for such disposal to do it, the expenses incurred shall paid by the unit that produces the solid radioactive waste, and it may in addition, be fined not more than 200,000yuan. If crime constituted criminal responsibility shall be investigated in accordance with law.
Article 57 Any
unit that, in violation of the provisions of this law, commits one of the following acts shall be instructed by the administrative department for environmental protection under the people's government at or above the provincial level to suspend production or operation or its licence shall be revoked, its unlawful gains if any shall be confiscated; if the unlawful gains exceed 100,000 yuan, it shall, in addition, be fined not less than the amount of such gains but not more than five times than amount; if there are no unlawful gains or such gains are less than 100,000 yuan, it shall, in addition, be fined not less than 50,000yuan but not more than 100,000 yuan. If the violation constitutes a crime, it shall be investigated for criminal responsibility in accordance with law:
(1)engaging in to storing and disposing of solid radioactive waste without a licence; and
(2)failing to store and dispose of solid radioactive waste in accordance with the provisions of the licence.
Article 58 Any unit that imports radioactive waste or radioactive-contaminated goods into the territory of the people's Republic of China or transfers such waste or goods from the territory of the people's Republic of China shall be instructed by the Customs to send back such waste or goods and shall, in addition, be fined not less than 500,000 yuan but not more that1,000,000 yuan. If a crime is constituted, criminal responsibility shall be investigated in accordance with law.
Article 59 where radioactive pollution causes harm to people, civil responsibility shall be borne in accordance with law.
Chapter VIII
Supplementary Provisions
Article 60 supervision over the prevention and control of radioactive pollution caused by military installations and equipment shall be conducted by the relevant departments under the state Council and the armed forces, in accordance with the principles prescribed by this Law and in compliance with their duties assigned by the state council and the central Military Commission.
Article 61 Occupational diseases which the workers are afflicted with due to their contact with radioactive material in their work shall be prevented and controlled in accordance with the provisions of the law of the people's Republic of China on the prevention and Control of occupational Diseases.
Article 62 For purposes of this law, the definitions of the following terms are:
(1)“Radioactive pollution” refers to the presence of radioactive substances or rays, caused by human activities, in excess of state norms on the surface of or inside the mediums of materials, the human body, places, or the environment.
(2)“Nuclear installations” refer to nuclear power plants(nuclear electricity plants, nuclear thermal plants, nuclear gas and hearing supply plants etc )and other reactors (research reactors experimental reactors critical facilities etc ); Facilities for fabrication processing storage and reprocessing of nuclear fuel; facilities for treating and disposing of radioactive waste; etc.
(3)“Utilization of nuclear technology” refers to the use of sealed radioactive sources, unsealed radioactive sources and radiation-emitting devices in medical treatment, industry, agriculture, geological investigation, scientific research and teaching, and in other fields.
(4)“Radioisoto
┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/
- 相关阅读
- Pull off:努力实现04/23
- Head off:阻止,拦截04/23
- 买一送一 two-for-one offer04/23
- With A Grain Of Salt:对某事持怀疑态度04/23
- Tug-Of-War:拔河,激烈竞争04/23
- A Package Of Proposals:一揽子建议04/23
- Out of whack: 不正常04/23
- Out of kilter: 出差错;乱套04/23
- kettle of fish: 糟糕;两码事04/23
- A can of worms: 问题成堆的地方04/23
