深圳经济特区防止海域污染条例 Regulations on Prevention and Control of Pollution of the Sea Areas of the Shenzhen S

coastal areas.

　　Article 24 It shall be forbidden in the second class environmental functional divisions of the sea areas such as aquiculture areas, bathing beaches, etc. and their coastal areas to undertake any projects of construction, reconstruction, extended construction for printing and dyeing, textile printing, papermaking, tanning, electroplating, chemical engineering, smelting, brewing, chemical fertilizer producing, dye making, pesticide producing, slaughtering or to engage in projects and facilities to discharge oil, the acid liquid, lye, radioactive water or waste water with poisonous, harmful substances such as pathogen, cyanogens compound, etc.

　　Article 25 The facilities for waste water disposal shall be built up if the discharge of the consumer sewage of holiday villages, hotels, guesthouses, residential quarters along the coast of the second class environmental functional divisions of the sea areas has not been able to be integrated into the urban facilities of waste water disposal for centralized treatment; the consumer sewage shall be discharged only after it meet the standard for discharging after treatment.

　　Article 26 Any construction in the third class environmental functional divisions of the sea areas such as general industrial areas, etc., the fourth class environmental functional divisions of the sea areas such as harbor areas, the operation areas for marine development, and their coasts shall meet the environmental requirements for the corresponding environmental functional divisions of the sea areas.

　　Article 27 Any unit to discharge land-sourced pollutants shall apply, according to the stipulation, to the department of environmental protection for a permit of pollutant discharge, without such permit it shall be forbidden to discharge pollutants.

　　Any unit to discharge pollutants shall not change the way of discharging without authorization.

　　Article 28 If any unit holding a permit of pollutant discharge has pollutants discharged to the sea areas to overstep the index of density control and the index of total amount control, the department of envir

onmental protection shall order taking measures for rectification by a deadline; if the pollution is serious, it shall be ordered to stop production for rectification.

　　Any unit being ordered to take rectifying measures by a deadline or to stop production for rectification shall complete rectification in compliance with the designated deadline and requirements, and also apply for check and acceptance to the department of environmental protection which has decided to make this rectification; within the prescribed time limit for the rectification, the discharged pollutants shall not overstep the index of density control and the index of total amount control set by the department of environmental protection for pollutant discharge.

　　Article 29 The following acts to pollute the sea areas shall be forbidden:

　　(1)discharging and dumping industrial solid waste and consumer waste to the sea areas;

　　(2)piling, discarding and disposing of chemicals, industrial solid waste and consumer waste on the coast and beaches;

　　(3)operating in ship dismantling.

　　Article 30 The units to use the sea areas or the coast such as harbors, docks,

　　shipyards, seaside resorts, etc. shall prevent waste from getting into the sea, and also be responsible for cleaning away consumer waste and floating solid matters within the sea areas of their use. If the duty to do cleaning has been refused, the maritime department shall assign professional units to do it instead, and the user-units of the sea areas or the coast shall be held liable for the cost.

　　The cleaning of floating solid matters in the sea areas other than those included in the above section shall be entrusted by the maritime department to professional units, the Municipal Government shall make a comprehensive arrangement for the cost.

　　Article 31 If a unit has to throw mud into the sea in its operation for a coastal project, it shall obtain a permit issued by the marine management department, report the information of the mud-throwing ships as well as the location, amount and time of the mud-throwing operation to the maritime department, and start the operation after approval.

　　Mud-throwing shall be in operation on the approved sea areas.

　　Chapter IV Pollution Surveillance and Monitoring

　　Article 32 All ships, operator-units of docks, user-units of the coastline and individuals shall have an obligation to protect the environment of the sea areas, and also have a right to report the acts of polluting the sea areas to the related responsible departments.

　　Article 33 The municipal and district departments of environmental protection shall monitor the waste discharging in all the sites assigned for this purpose; the maritime department and the marine management department shall keep watch on the sea areas according to their respective duties and deal with the acts of polluting the sea areas in accordance with law if these acts have been found.

　　Article 34 The municipal department of environmental protection shall regularly monitor the quality of water of the sea areas and inform the public regularly of the environmental situation in the sea areas.

　　Article 35 When a serious accident of pollution has taken place in a sea area or might affect the environment of the neighboring sea areas, the salvage center shall promptly report the related development to the related responsible department at the higher level and inform the responsible departments of the neighboring areas.

　　Chapter V Emergency Management of Pollution Accidents

　　Article 36 The salvage center shall be responsible for organizing the related departments to make an emergency plan for pollution preventing in the sea areas, and, after complying with the stipulated procedure for reporting and approving the plan, organize its implementation.

　　Any units engaged in oil, chemicals such as docks

, coastal warehouses, etc. shall make an emergency reaction plan of pollution preventing in compliance with the stipulations, report it to the salvage center and implement it upon approval.

　　Article 37 The salvage center shall regularly organize units engaged in oil, chemicals such as docks, coastal warehouses, etc. to exercise themselves in the emergency reaction to prevent pollution.

　　Article 38 Any ship or unit causing an accident of pollution in the sea areas shall promptly report to the responsible department and implement an emergency plan, take effective measures immediately to control, eliminate or reduce the damages of the pollution, and accept the investigation and settlement made by the maritime department or the municipal and district departments of environmental protection.

　　Article 39 After receiving a report about an accident of pollution, the salvage center shall quickly organize an evaluation of the level of the emergency reaction according to the nature of the accident, the degree of pollution and the requirements of salvage, and also organize manpower, mobilize equipments for waste cleaning to put salvage into operation.

　　In order to control or reduce the damages of pollution, the salvage center shall have a right to take compulsory measures of pollutant cleaning, all the costs arising therefrom shall be born by the person responsible for the accident; but, as for the unrecoverable costs of pollutant cleaning such as the cost that the insolvent ship owner is incapable of paying, the cost that goes beyond the limit of the ship owner’s responsibility, and the cost that results from the pollutants of unknown origin, the Municipal Government shall make a comprehensive arrangement.

　　Operator-units of ships, harbors, docks and other user-units of the coastline, and individuals shall have a responsibility to assist the governmental departments to clean pollutants.

　　Article 40 If a ship has caused pollution in the sea areas, it shall clear a bill of the related cost or provide the related economic guarantee before its departure.

　　Article 41 If a deoiling agent is indeed necessary for cleaning away pollutants in the sea areas, the user shall apply in writing to the maritime department, submit documents and materials such as the certificate of the state’s approval of this agent, its trademark, the amount planned for use, the operating location, the way of use, etc., and start to use only after approval.

　　Chapter VI Legal Liability

　　Article 42 If one of the following acts has been found, the maritime department shall order making a correction and also impose a fine of 5,000 RMB:

　　(1)in violation of Article 8 of these regulations, failing to provide a certificate or a document of pollution preventing for a ship in compliance with the rules, or failing to keep a record in compliance with the stipulation;

　　(2)in violation of the second section of Article 36 of these regulations, failing to make an emergency reaction plan for pollution preventing.

　　Article 43 If one of the following acts has been found, the maritime department

　　shall order making a correction and also impose a fine of more than 10,000 but less than 30,000 RMB:

　　(1)in violation of Article 9 of these regulations, failing to store the ship waste in compliance with the rules;

　　(2)in violation of Article 10 of these regulations, dismantling or stopping use of facilities for a ship to prevent pollution without authorization;

　　(3)in violation of Articles 14, 18, 19 of these regulations, failing to take effective measures to

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