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

e.

　　Units which manufacture or import products that deplete substances of the ozone layer shall, within the time limit prescribed by the State, manufacture an import such products in accordance with the quotas approved by the relevant administrative department under the State Council.

　　Chapter VI

　　Legal Responsibilities

　　Article 46 Any unit or individual that violates this Law shall, depending on the circumstances of the case, be ordered to discontinue the violation and make rectification within a time limit, be given disciplinary warning or fined not more than 50,000 yuan by the administrative department for environmental protection, or a supervisory department as mentioned in the second paragraph of Article 4 of this Law, for any of the following acts:

　　(1) Refusing to report or submitting a false report on items of pollutants discharge for which registration is required by the administrative departments for environmental protection under State Council.

　　(2) Refusing an on-site inspection by the administrative department for environmental protection or any other supervisory department, or resorting to trickery and fraud when being inspected;

　　(3) Failing, on the part of the unit that discharges pollutants, to keep the facilities for treatment of atmospheric pollutants operating regularly or dismantling or leaving idle such facilities without prior approval by the administrative department for environmental protection; or

　　(4) Storing coal, coal gangue, coal cinder, coal ash, sandstone, lime soil or other material in densely inhabited areas without taking any measures for fire and dust prevention.

　　Article 47 Any unit that, in violation of the provisions of Article 11 of this Law, puts a construction project into operation or to use before the facilities for prevention and control of atmospheric pollution have been installed or when the requirements in respect of construction projects as specified in State regulations concerning environmental protection are not met, shall be ordered by the administrative department for environmental protection responsible for the examination and approval of the statement on the environmental impact of the construction project to suspend operation or used and may also be fined not less than 10,000 yuan but not more than 100,000 yuan.

　　Article 48 Any nit that, in violation of the provisions of this L

aw, discharges pollutants to the atmosphere in excess of the discharge norms prescribed by the State or local authorities shall make treatment thereof within a time limit and shall also fined not less than 10,000 yuan but not more than 100,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level.The limits of power to decide on treatment within a time limit and the administrative penalties for failing to meet the requirements for treatment within a time limit shall be prescribed by the State Council.

　　Article 49 Any unit or individual that, in violation of the provisions of Article 19 of this Law, produces, sells, imports or uses the equipment the production, sale, importation or use of which is prohibited or employs the techniques the employment of which is prohibited shall be ordered to make rectification by the competent department for comprehensive economic and trade affairs of the people's government at or above the county level; if the circumstances are serious, the said competent department shall put forward suggestions thereon and submit them to the people's government at the corresponding level, which shall, within the limits of power prescribed by the State Council, order the violator to suspend operation or close down.

　　Any unit or individual that transfers eliminated equipment to another person for use, the illegal earnings therefrom shall be confiscated by the administrative department for environmental protection or any other department exercising the power of supervision according to law under the local people's government at or above the county level, and the unit or individual shall also be fined not more than twice of the illegal earnings.

　　Article 50 Any unit that, in violation of the provisions of the third paragraph of Article 24 of this Law, mines the coal containing toxic or harmful substances, such as radioactive and arsenic substances, that exceed the prescribed limits, shall be ordered to close down by the people's government at or above the county level within the limits of power prescribed by the State Council.

　　Article 51 Any unit or individual that, in violation of the provisions of the second paragraph of Article 25 or the first paragraph of Article 29 of this Law, continues to use the seriously polluting of expiration of the time limit prescribed by the local people's government shall be ordered to dismantle the installations for consumption of the seriously polluting fuels, or such installations shall be confiscated, by the administrative department for environmental protection under the local people's government at or above the county level.

　　Article 52 Any unit that, in violation of the provisions of Article 28 of this Law, installs coal heating boilers in the urban areas covered by central heating pipelines or networks shall be ordered to discontinue the violation or make rectification within a time limit and may be fined not more than 50,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level.

　　Article 53 Any unit or individual that, in violation of the provisions of Article 32 of this Law, manufactures, sells or imports motor vehicles or vessels that discharge pollutants in excess of the prescribed norms shall be ordered by the department exercising the power of supervision according to law to discontinue the violation, the said department shall confiscate the illegal gains, if any, and may also impose a fine of not more than the illegal gains; the motor vehicles and vessels that cannot be made to meet the prescribed norms for pollutants discharge shall be confiscated and destroyed.

　　Article 54 Any unit or individual that, in violation of the provisions of the second paragraph of Article 34 of this Law, fails to discontinue the manufacture, importation or sale of leaded g

asoline within the time limit prescribed by the State Council shall be ordered by the administrative department for environmental protection or any other department exercising the power of supervision according to law under the local people's government at or above the county level to discontinue the violation, and the said department shall confiscate the said gasoline and the illegal gains.

　　Article 55 Any unit that, in violation of the provisions of the first or the second paragraph of Article 35 of this Law, conducts test of motor vehicle or vessels for their emission of fumes, without authorization of the administrative department for environmental protection under the people's government of a province, autonomous region or municipality directly under the Central Government or the authorization of the department of transportation or fishery or any other department exercising the power of supervision according to law, or practices fraud in the test, shall be ordered to discontinue the violation and make rectification within a time limit and may be fined not more than 50,000 yuan by the administrative department for environmental protection under the people's government at or above the county level or the department of transportation or fishery or any other department exercising the power of supervision according to law; if the circumstances are serious, the unit shall be disqualified to under take annual test of motor vehicles or vessels by the authorities that verified its qualifications.

　　Article 56 Any unit or individual that violates this Law shall, for any of the following acts, be ordered to discontinue the violation and make rectification within a time limit and may be fined not more than 50,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level or any other department exercising the power of supervision according to low:

　　(1)discharging dust, malodorous gases or other gases containing toxic substances into the atmosphere without taking any effective measures to prevent and control pollution;

　　(2)discharging into the atmosphere converter gas, acetylene, yellow phosphoric tai gas engendered by electric furnace process, or organic hydrocarbon tail gas without approval by the local administrative department for environmental protection;

　　(3)transporting, loading and unloading, and storing substances that diffuse toxic or harmful gases or dust without adopting sealing or other protective measures; or

　　(4)where people providing catering services in cities fail to adopt effective measures to prevent and control pollution, so than he soot discharged pollutes the residential environment in the neighbourhood.

　　Article 57 Any unit or individual that, in violation of the provisions of the first paragraph of Article 41 of this Law, burns asphalt, asphalt felt, rubber, plastics, leather, garbage or other substances that produce toxic or harmful smoke or dust or malodorous gases in densely inhabited areas or other areas that need special protection according to law shall be ordered to discontinue the violation and be fined not more than 20,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level.

　　Any unit or individual that, in violation o

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