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

prevent pollution in the sea areas;

　　(4)in violation of Article 41 of these regulations, using a deoiling agent without approval.

　　Article 44 If one of the following acts has been found, the maritime department

　　shall order stopping operation and also impose a fine of 50,000

RMB:

　　(1)in violation of the first section of Article 11 of these regulations, entrusting an unqualified unit to receive ship pollutants or receiving such pollutants without authorization;

　　(2)in violation of Article 13 of these regulations, operating in refueling without obtaining a permit for such operation;

　　(3)in violation of Article 22 of these regulations, failing to build facilities to receive ship pollutants on a dock or putting such facilities into use without complying with the procedure for check and acceptance;

　　(4)in violation of Article 31 of these regulations, operating in mud-throwing without authorization or operating in mud-throwing within an unapproved sea area.

　　Article 45 If one of the following acts has been found, the maritime department shall order making a correction and also impose a fine of 10,000 RMB:

　　(1)in violation of Article 15 of these regulations, washing polluted decks within a harbor;

　　(2)in violation of the second section of Article 16 of these regulations, removing lead sealing without authorization.

　　Article 46 If, in violation of these regulations, any ship, operator-unit of refueling,

　　unit to receive ship pollutants has caused an accident of oil pollution, the maritime department shall order taking effective measures to prevent expanding the pollution and to clean away the pollutants, and also impose a fine of 5,000 RMB in case of less than 100 kilograms of spilled oil; in case of more than 100 kilograms of spilled oil, a fine of 1,000 RMB per 100 kilograms shall be imposed for the part of the spilled oil exceeding 100 kilograms, but the total amount of the fine shall not exceed 500,000 RMB.

　　Article 47 If, in violation of Article 20 of these regulations, a coastal project is under construction without approval or without following the requirements of an approved evaluation report of environmental effects, the department of environmental protection shall order stopping construction, dismantling and removing by a deadline, or taking remedial measures, and also impose a fine of more than 50,000 but less than 100,000 RMB; if the case is serious, a fine of more than 100,000 but less than 200,000 RMB shall be imposed.

　　Article 48 If one of the following acts has been found, the municipal or district departments of environmental protection shall order making a correction or cleaning, and also impose a fine of more than 10,000 but less than 50,000 RMB; if the case is serious, a fine of more than 50,000 but less than 100,000 RMB shall be imposed:

　　(1)in violation of Article 22 of these regulations, using filling materials other than the designated ones or engaging in a project of sea enclosure without following the stipulated way;

　　(2)in violation of Article 25 of these regulations, failing to build facilities for waste water discharge or discharging the waste water which does not meet the standard after treatment;

　　(3)in violation of Article 27 of these regulations, discharging waste without a permit or changing the way of waste discharge without authorization;

　　(4)violating Article 29 of these regulations.

　　Article 49 If a unit which, in violation of Article 28 of these regulations, was ordered to make rectification by a deadline has failed to do so and continued its excessive waste discharge, the department of environmental protection shall order stopping use of the facilities causing pollution, and also impose a fine of more than 50,000 but less than 100,000 RMB; if the case is serious, stopping production and stopping operation shall be ordered.

　　Article 50 All fines shall be turned over in full amount to the municipal and district departments of public finance.

　　Article 51 If the staff members of the responsible departments, in violation of these regulations, have neglected duties, abused power, practiced favoritism and engaged

in irregularities, the units they belong to or supervisory departments shall discipline them by administrative penalties; if there is a criminal offence, the criminal responsibility shall be ascertained according to law.

　　Article 52 If a person concerned has refused to accept a penalty imposed by a district department of environmental protection or a representative office of the maritime department, an application may be filed to the municipal department of environmental protection or the maritime department for review within 60 days after receiving the penalty notice; if a person concerned has refused to accept the penalty imposed by the municipal department of environmental protection or the maritime department, an application may be filed to the Municipal Government for review within 60 days after receiving the penalty notice; if a review decision has been refused to accept, an appeal may be lodged to a people’s court within 15 days after receiving the review decision. A person concerned may also appeal directly to a people’s court within 15 days after receiving a penalty notice.

　　If a person concerned has not applied for review or appealed to a people’s court, and also failed in implementation, the responsible departments may apply to a people’s court for compulsory implementation.

　　Article 53 Any unit and individual falling a victim to the damages caused by environmental pollution in the sea areas shall have a right to claim compensation for loss from the party responsible for pollution. A person concerned in a compensation dispute may apply to the related responsible departments for mediation, and may also bring a suit or apply for arbitration.

　　Chapter VII Supplementary Provisions

　　Article 54 The following terms used in these regulations are defined as follows:

　　(1)ships are referred to all vessels with water draining or without water draining, rafts, seaplanes, scubas, and mobile platforms;

　　(2)ship pollutants are referred to those produced by ships such as waste water with oil, consumer sewage, residual oil, garbage, paint, rust, etc.;

　　(3)cargo oil is referred to the oil carried and delivered by ships but not used by ships;

　　(4)land-sourced pollutants　are referred to those water pollutants which are directly discharged from land to the sea areas or indirectly discharged on the way of municipal pipelines, ditches directing to the sea areas, but not including the urban waste water after the second class treatment and the water pollutants discharged to the sea areas through rivers;

　　(5)coastal projects are referred to those construction projects which have their principal part or operations below the coastline, in order to control sea water or to use the sea to complete part of or all of their functions, and affect the marine environment.

　　Article 55 The management of pollution preventing for the facilities within the sea areas (not including fixed drilling platforms) and for ships traveling in navigable waters of inland rivers shall be implemented by referring to these regulations.

　　Article 56 These regulations shall take effect as of March 1, 2000

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