中华人民共和国大气污染防治法(修订) Law of the Peoples Republic of China on the Prevention and Control of Atmospheric
2009-03-24 法律英语 来源:互联网 作者: ℃Article 15 With regard to the areas, where the specified standards for the quality of the atmospheric environment are not met, and the acid rain control areas and the sulfur dioxide pollution control areas designated as such with the approval of the State Council, the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may delimit them as the areas where the total amount of the main atmospheric pollutants discharged is kept under control. The specific measures for such control shall be prescribed by the State Council.
The relevant local people's governments in the areas where the total amount of the atmospheric pollutants discharged is kept under control shall, in compliance with the requirements and procedures prescribed by the State Council and in line with the principles of openness, fairness and impartiality, check and fix the total amounts of the main atmospheric pollutants discharged by enterprises and institutions and issue them permits for discharge for such pollutants.
The enterprises and institutions that undertake to control their total amounts of atmospheric pollutants discharged shall discharge pollutants in conformity with the checked and fixed total amounts of the main atmospheric pollutants to be discharged and the requirements in respect of their discharge prescribed by the permits.
Article 16 Within the scenic or historic sites, nature reserves, the areas adjacent to historical or cultural sites under protection and other zones that need special protection, delimited as such by the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, no industrial production installations that cause environmental pollution shall be built; the pollutants discharged by other installations to be built in these areas may not exceed the norms prescr
ibed. Enterprises and institutions that discharge pollutants in enforcement of this Law, have built installations that discharge pollutants in excess of the specified norms shall, in accordance with the provisions of Article 48 of this Law, put such pollution under control within a time limit.
Article 17 The State Council shall designate key cities for prevention and control of atmospheric pollution in accordance with the overall plan for urban development, the planned target for environmental protection and the quality of the atmospheric environment of cities.
Municipalities directly under the Central Government, provincial capitals, open coastal cities and key tourist cities shall be included in the list of key cities for prevention and control of atmospheric pollution.
Key cities for prevention and control of atmospheric pollution that fail to meet the standards for the quality of the atmospheric environment shall be required to do so within the time limit specified by the State Council or the administrative department for environmental under the State Council.The people's governments of such cities shall make plans to meet the standards within the time limit and may, under the authorization of the State Council or on the basis of its regulations, adopt more stringent measures to fulfil such plans on such plans on schedule.
Article 18 The administrative department for environmental protection under the State Council together with the relevant departments under the State Council may, in light of the meteorological, topographical, soil and other natural conditions, delimit the areas where acid rain has occurred or will probably occur and areas that are seriously polluted by sulfur dioxide as acid rain control areas or sulfur dioxide pollution control areas, subject to approval by the State Council.
Article 19 Enterprises shall give priority to the adoption of clean production techniques that are instrumental to high-efficient use of energy and reduced discharge of pollutants so as to decrease the generation of atmospheric pollutants.
The State practises an elimination system for the outdated production Techniques and equipment which cause serious pollution to the atmospheric Environment.
The competent department for comprehensive economic and trade affairs under the State Council shall, in conjunction with the relevant departments under the State Council, publish a catalog of the techniques which cause serious pollution to the atmospheric environment and the which shall be prohibited within a time limit, and a catalog of the equipment which causes serious pollution to the atmospheric environment and the production, sale, importation and use of which shall be prohibited within a time limit.
Producers, sellers, importers or users shall, within the time limit specified by the competent department for comprehensive economic and trade affairs under the State Council in conjunction with relevant departments under the State Council, discontinue the production, sale, importation or use of the equipment listed in the catalog as mentioned in the preceding paragraph. Users of the production techniques listed in the catalog mentioned in the preceding paragraph shall, within the time limit specified by the competent department for comprehensive economic and trade affairs under the State Council in conjunction with the relevant departments under the State Council, stop using such techniques.
No equipment eliminated in accordance with the provisions of the preceding two paragraphs may be transferred to another for use.
Article 20 Any unit that, as a result of an accident or any other exigency, discharges or leaks toxic or harmful gas or radioactive substances, thereby causing or threatening to cause an accident of atmospheric pollution and jeopardize human health, shall promptly take emergency measures to prevent and control the atmospheric p
ollution hazards, make the situation known to such units and inhabitants as are likely to be endangered by the atmospheric pollution hazards, report the case to the local administrative department for environmental protection and accept its investigation and disposal.
Under the urgent circumstances of a severe atmospheric pollution that jeopardizes human health and safety, the local people's government shall make the matter known to the local inhabitants without delay and take compulsory emergency measures, including ordering the pollutant discharging unit concerned to stop discharging pollutant.
Article 21 The administrative departments for environmental protections and other supervisory departments shall have the power to make on-site inspections of the units under their jurisdiction that discharge pollutants. The units under inspection shall truthfully report the situation to them and provide them with the necessary data. The inspecting departments shall have the obligation to keep confidential the technological know-how and business secrets of the units inspected.
Article 22 The administrative department for environmental protection under the State Council shall set up a monitoring system for atmospheric pollution, organize a monitoring network and work out unified monitoring measures.
Article 23 The administrative departments for environmental protection under the people's governments of large and medium-sized cities shall regularly publish bulletins on the quality of the atmospheric environment and gradually introduce the practice of forecasting the quality of the atmospheric environment.
A bulletin on the quality of the atmospheric environment shall include such contents as the characteristics of the urban atmospheric pollution, the types of the main pollutants and the degree of the harm caused by the pollution.
Chapter III
Prevention and Control of Atmospheric Pollution by the Burning of Coal
Article 24 The State promotes the dressing of coal by washing to reduce the sulfur and ash in coal, and restricts the mining of high-sulfur of high-ash coal. If the coal mined from a newly-built coal mine is of high-sulfur or high-ash, supporting facilities for the dressing of coal by washing shall be installed to keep the sulfur and ash in coal within the limits prescribed.
If the coal mined from an established coal mine is of high-sulfur or high-ash, supporting facilities for the dressing of coal by washing shall, in accordance with the plan approved by the State Council, be installed within a time limit.
It is prohibited to mine the coal containing toxic or harmful substances, such as radioactive and arsenic substances, that exceed the limits prescribed.
Article 25 The relevant departments under the State Council and the local people's governments at various levels shall adopt measures to improve the mix of urban energy and popularize the production and utilization of clean energy.
The people's governments of key cities for prevention and control of atmospheric pollution may, within the regions under their respective jurisdiction, delimit areas as ones where sale and use of the seriously polluting fuels defined by the administrative department for environmental protection under the State Council are prohibited. The units and individuals in such areas, within the time limit prescribed by the local people's governments, stop using such seriously polluting fuels and shall instead use natural gas, liquefied petroleum gas, electricity or other clean energy.
Article 26 The State adopts economic and technical policies and measures conduc
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