Law of the Peoples Republic of China on Promotion of Cleaner Production中华人民共和国清洁生产促进法
2009-03-24 法律英语 来源:互联网 作者: ℃Article 17 The administrative departments for environment protection under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall exercise strict supervision over the implementation of cleaner production and they may, in light of the need to promote cleaner production and the discharge of pollutants by enterprises, regularly publish, through the principal local media, name lists of the enterprises which cause serious pollution by exceeding the norms specified for the pollutants discharged or for the total amount of the pollutants discharged, providing the basis for public supervision over the enterprises' implementation of cleaner production.
Chapter Ⅲ Implementation of Cleaner Production
Article 18 For new construction, reconstruction and expansion projects, their impact on the environment shall be assessed, the use of raw materials, consumption and comprehensive use of resources, generation and disposition of pollutants shall be analysed and expounded and employment of technologies, techniques and equipment for cleaner production, which serve to make highly effective use of resources and generate less pollutants, shall be given first priority.
Article 19 In the course of technological updating, enterprises shall adopt the following measures for cleaner production:
(1)replacing highly toxic and harmful raw materials with nontoxic and harmless or less toxic and harmful ones;
(2)replacing techniques and equipment which serve to make less effective use of resources to generate greater amount of pollutants with ones which serve to make highly effective use of resources and generate pollutants;
(3)making comprehensive or cycle use of solid waste and waste water and heat discharged in the course of production; and
(4)adopting technologies for prevention and control of pollution which help keep the pollutants discharged and within the norms specified be the Stat
e or local authorities and keep the total amount of the pollutants discharged within the control norms specified by the State or local authorities.
Article 20 In the designing of products and packages, consideration shall be given to their effects on human health and the environment during their life cycles, and priority shall be given to options for products and packages that are toxicant-free, harmless, easily dissolved or recycled.
Enterprises shall properly pack their products, refraining from overusing the packages and preventing the generation of package waste.
Article 21 Enterprises producing large mechanical and electrical equipment, motor-driven means of transport and other products designated by the administrative department for the economy and trade under the State Council shall, in adherence to the technical specifications laid down by the administrative department for standardization under the State Council or the institutions authorized by the department, indicate the standard brand of the material composition on the principal component parts of the product.
Article 22 Agricultural producers shall use chemical fertilizers, pesticides, agricultural film and feed additives in a scientific way and improve planting and breeding technologies, so al to produce quality and harmless agricultural products, turn agricultural waste into resources, and prevent the agricultural environment form pollution.
Toxic and harmful waste is prohibited to be used as fertilizers or for cultivating new farmland.
Article 23 Service enterprises providing food and drinks, entertainment or hotel services shall use energy-any water-conservation and other technologies and equipment conducive to environment protection and shall refrain from using or use less consumer goods which lead to waste of resources and pollution of the environment.
Article 24 For construction projects, the designing, construction and decoration materials, construction component and accessory parts and equipment, which are energy-and water-conserving and conducive to environment protection, shall be adopted or used.
Construction and decoration materials shall conform to the norms of the State. Production, marketing and use of such materials, the toxic and harmful substances which contain exceed State norms, are prohibited.
Article 25 In prospecting and exploiting mineral resources, the methods, techniques and technologies which are conducive to rational use of resources, environment protection and prevention of pollution shall be adopted for better use of resources.
Article 26 Enterprises shall, where feasible in financial and technological terms, retrieve wastes and waste heat discharged in the course of production and services, or transfer them to other enterprises or individuals that have the ability of using them.
Article 27 Enterprises producing and marketing products or packages included in the catalogue of products or packages for compulsory recycling shall recycle the scrapped products and used packages. The catalogue of products and packages for compulsory recycling and the specific measures for compulsory recycling shall be compiled and formulated by the administrative department for the economy and trade under the State Council.
With regard to the products and packages listed in the catalogue of products and packages for compulsory recycling, the State adopts economic measures favorable to their recycling; the administrative departments for the economy and t5rade under the local people's governments at or above the county level shall regularly inspect the recycling of such products and packages and make the result of inspection known to the public. The specific measures shall be formulated by the administrative department for the economy and trade under the State Council.
Article 28 Enterprises shall monitor the consumption of resour
ces and discharge of waste in the course of production and services and where necessary, examine whether their production and services conform to the requirements of cleaner production.
Enterprises that discharge pollutants in excess of the norms specified by the State or local authorities or of the control norms for the total amount of pollutants discharged approved by the local people's governments concerned shall conduct examination for cleaner production.
Enterprises that use toxic or harmful raw materials in production or discharge toxic or harmful substances in the course of production shall conduct regular examination for cleaner production and report the results to the administrative departments for environment protection and for the economy and trade under the local people's governments at or above the county level where the enterprises are located.
The measures for examination for cleaner production shall be formulated by the administrative department for the economy and trade under the State Council, together with the administrative department for environment protection under the State Council.
Article 29 Enterprises that have succeeded in keeping the pollutants they discharge within the norms specified by the State and the local authorities of their own free will, sign agreements on further conservation of resources and reduced amount of pollutants discharged with the administrative departments for the economy and trade and for environment protection, which have jurisdiction over them. The said departments shall, through the principal local media, make public the names of the enterprises and their achievements in conserving resources and preventing and controlling pollution.
Article 30 Enterprises may, on the principle of voluntariness and in accordance with the State regulations on verification by environment management system, apply for verification to the verification authority authorized by the government department for supervision and control over management, so as to raise their level of cleaner production.
Article 31 According to the provisions in Article 17 of this Law, enterprises included in the name list of the enterprises which cause serious pollution shall, in compliance with the regulations of the administrative department for environment protection under the State Council, make public their discharge of the main pollutants to accept public supervision.
Chapter Ⅳ Incentive Measures
Article 32 The State establishes a commending and awarding system for cleaner production. The people's governments shall commend and award units and individuals that achieve remarkable successes in their efforts to bring about cleaner production.
Article 33 Projects designed for research, demonstration and training in cleaner production, key technological updating projects of the State for cleaner production, and other technological updating projects clearly stated in the agreements on voluntary reduction of pollutants discharged, as prescribed in Article 29 of this Law, shall be included in the projects for which special funds are arranged by the State Council and the finance department at the same level as the local people's government at or above the county level in support of their technological updating.
Article 34 From the funds established for developing small and medium-sized enterprises in accordance with State regulations, an appropriate amount shall, where necessary, be set aside to support such enterprises in their efforts to engage in cleaner production.
Article 35 Where enterprises manufacture products out of waste and obtain
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