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

f the second paragraph of Article 41 of this Law, burns in the open air stalks, fallen leaves or other substances that will cause smoke or dust pollution in densely inhabited areas, the areas around the airports, the areas in the vicinity of main traffic arteries or the areas designated by the administrative department for environmental protection under the local people's government at or above the county level; of the circumstances are serious, the unit or individual may be fined not more than 200 yuan.

　　Article 58 Any unit that, in violation of the provisio

ns of the second paragraph of Article 43 of this Law, engages in construction or other activities that generate dust pollution in the urban areas of a city but bails to take effective measures to prevent and control dust pollution, thus causing pollution to the atmospheric environment shall make rectification within a time limit and be fined not more than 20,000 yuan; if, ant the expiration of the rime limit, it fails to meet the requirements prescribed in the local regulations on environmental protection, it may be ordered to suspend construction or other activities for rectification.

　　The punishment for dust pollution caused by construction as provided for in the preceding paragraph shall be decided by the administrative department for construction under the local people's government at or above the county level; the punishment for dust pollution caused by other activities shall be decided by the relevant department designated by the said government.

　　Article 59 Any unit that, in violation of the provisions of the second paragraph of Article 45 of this Law, manufactures or imports, within the limit prescribed by the State but in excess of the quotas approved by the relevant administrative department under the State Council, products that deplete substances of the ozone layer shall be fined not less than 20,000 yuan but not more than 200,000 yuan by the relevant local administrative department under the people's government of a province, autonomous region or municipality directly directly under the Central Government; if the circumstances are serious, the manufacture or import quotas shall be revoked by the relevant administrative department under the State Council.

　　Article 60 Any unit that violates the provisions of this Law shall, for any of the following acts, be ordered to be equipped with supporting facilities within a time limit and may be fined not less than 20,000 yuan but not more than 200,000 yuan by the administrative department for environmental protection under the people's government at or above the county level:

　　(1)Failing to install the supporting facilities for the dressing of coal by washing in accordance with relevant State regulations, where the coal mined from a new coal mine being of high-sulfur or high-ash in concerned;

　　(2)Failing to install the desulphurizing installations or take other measures for desulphurization in accordance with relevant State regulations, where an enterprise that discharges sulphide-bearing gas in the process of refining petroleum, producing synthetic ammonia or coal gas, cooking fuel coal or smelting non-ferrous metal is concerned.

　　Article 61 Any enterprise or institution that, in violation of the provisions of this Law, causes an atmospheric pollution accident shall be fined not more than 50 percent of the direct economic losses thus occasioned but not more than the maximum of 500,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level on the basis of the damages inflicted. If the circumstances are relatively serious, the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions or disciplinary punishment according to law by the unit to which they belong or by the competent authority at a higher level. Where a major atmospheric pollution accident is caused that leads to any grave consequences resulting in heavy public or private property losses or serious personal injuries or deaths, and if a crime is constituted, criminal responsibility shall be investigated in accordance with law.

　　Article 62 Any unit that causes an atmospheric pollution hazard shall have the responsibility of removing the hazard and of making compensation to the units or individuals that nave suffered direct losses.

　　A dispute over the liability to make compensation or the amount of comp

ensation may, at the request of the parties, be settled through mediation by on administrative department for environmental protection; if mediation fails, the party may bring a suit before a people's court. The party may also bring a suit before the people's court directly.

　　Article 63 Where atmospheric pollution losses are caused absolutely by irresistible natural disasters and cannot be averted even if reasonable measures are promptly taken, the party concerned shall be exempted from liability.

　　Article 64 Where an administrative department for environmental protection or any other relevant department, in violation of the provisions of the third paragraph of Article 14 of this Law, misappropriates the fees collected for discharge of pollutants for other purposes, the auditing or supervisory authorities shall order it to refund the money misappropriated or shall toke other measures to recover the money, and the persons who are directly in charge and the other persons who are directly responsible for the violation shall be given administrative sanctions according to law.

　　Article 65 Any supervisor for environmental protection who abuses his power or neglects his duty shall be given administrative sanction; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　Chapter VII

　　Supplementary Provisions

　　Article 66 This law Shall go into effect as of September 1, 2000. 2000

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