D13 Jiangsu Provincial Environmental Protection Regulations

Regulations of Jiangsu Province on Environmental Protection

Standing Committee of Jiangsu Provincial People's Congress

Regulations of Jiangsu Province on Environmental Protection (Amendment)

Standing Committee of Jiangsu Provincial People's Congress

(Adopted at the fifth meeting of the Standing Committee of the Eighth People's Congress of Jiangsu Province on December 29, 1993, and amended in accordance with the Decision on Amending the Regulations of Jiangsu Province on Environmental Protection adopted at the 29th meeting of the Standing Committee of the Eighth People's Congress of Jiangsu Province on July 31, 1997)

Regulations of Jiangsu Province on Environmental Protection

Standing Committee of Jiangsu Provincial People's Congress

Regulations of Jiangsu Province on Environmental Protection (Amendment)

Standing Committee of Jiangsu Provincial People's Congress

(Adopted at the fifth meeting of the Standing Committee of the Eighth People's Congress of Jiangsu Province on December 29, 1993 and amended in accordance with the Decision on Amending the Regulations of Jiangsu Province on Environmental Protection adopted at the 29th meeting of the Standing Committee of the Eighth People's Congress of Jiangsu Province on July 31, 1997)

Chapter I General Provisions

Chapter II Environmental Supervision and Management

Chapter III Protection and Improvement of the Environment

Chapter IV Prevention and Control of Environmental Pollution and Other Public Hazards

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 In order to protect and improve the living environment and ecological environment, prevent and control pollution and other public hazards, safeguard human health, and promote the economic and social development of the province, these Regulations are formulated in accordance with the Environmental Protection Law of the People's Republic of China and other relevant laws and regulations, and in combination with the actual situation of the province.

Article 2 These Regulations are applicable to all units and individuals within the administrative region of the province.

Article 3 Environmental protection must adhere to the principle of putting prevention first, combining prevention and control, controlling the source, comprehensive treatment and protecting whoever pollutes and develops.

Article 4 Local people's governments at all levels shall adhere to the principle of coordinating economic construction, social development and environmental protection, strengthen environmental supervision and management, and be responsible for local environmental quality.

Article 5 Local people's governments at all levels must incorporate environmental protection plans into the medium - and long-term plans and annual plans for national economic and social development, participate in comprehensive balancing, incorporate relevant pollution prevention and control costs into the government budget, and formulate economic and technological policies conducive to environmental protection.

Article 6 The competent administrative departments of environmental protection of the people's governments at or above the county level shall exercise unified supervision and management over the environmental protection work within their respective administrative areas. Its main responsibilities are:

（1） Implement relevant environmental protection laws and regulations, and supervise and inspect the implementation;

（2） Draw up local environmental protection plans and plans, and participate in the formulation or review of medium and long-term economic development plans, territorial plans, regional development plans and urban master plans;

（3） To supervise and administer the prevention and control of environmental pollution and the protection of the ecological environment in their respective administrative areas;

（4） Responsible for managing environmental monitoring and environmental supervision, and regularly announcing environmental quality status;

（5） Organize and coordinate environmental scientific research and environmental protection publicity and education in the administrative region, promote advanced experience and technology in environmental protection at home and abroad, and carry out international cooperation and exchange in environmental protection;

（6） Investigate and deal with environmental pollution, damage accidents and disputes, and hear environmental administrative reconsideration cases within the prescribed limits of authority;

（7） Other responsibilities stipulated by environmental protection laws and regulations.

The administrative departments of planning, economy, urban construction, planning, public security, industrial and commercial administration, health, land, minerals, tidal flats, agriculture, forestry, fishery, water conservancy, transportation, railway, civil aviation and marine, port superintendency, fishery and fishing port superintendency at all levels and the military environmental protection departments shall, in accordance with the provisions of relevant laws and regulations, supervise and manage the prevention and control of environmental pollution and the protection of resources related to their own departments.

Article 7 All units and individuals shall have the obligation to protect the environment and shall not transfer pollution to society for their own economic benefits. Units and individuals that pollute and damage the environment have the right to report and accuse.

The people's government or relevant departments shall commend and reward the units and individuals that have made outstanding achievements in protecting and improving the environment.

Chapter II Environmental Supervision and Management

Article 8 The comprehensive economic departments of the people's governments at or above the county level shall, in accordance with the national and provincial environmental protection plans and plans, adjust the unreasonable layout, industrial structure and product structure that affect the environmental quality.

The competent departments of all industries are responsible for formulating the environmental protection plans and plans of the system, managing the environmental protection work of the system, inspecting and assessing the environmental protection of the affiliated units, paying attention to and strengthening the scientific research of environmental protection, and developing and promoting practical technologies of environmental protection.

The competent department of education administration shall include environmental protection education in its plans and plans. Departments of culture, press and publication, radio and television should attach importance to and strengthen publicity and public opinion supervision on environmental protection.

Article 9 The environmental monitoring institutions of the administrative departments of environmental protection at or above the county level shall promote standardization and carry out environmental monitoring in accordance with the relevant provisions of the State and the province. The monitoring data shall be used as the basis for the administrative departments of environmental protection to manage the environment according to law.

Disputes over monitoring data of environmental pollution and damage accidents and monitoring data of environmental disputes shall be subject to technical arbitration by the environmental monitoring institution of the administrative department of environmental protection at or above the county level.

Article 10 The competent administrative departments of environmental protection at or above the county level shall strengthen and enrich the environmental supervision institutions. The environmental supervision institution must carry out on-site supervision and inspection on the implementation of environmental protection laws and regulations by units or individuals within its administrative area according to law.

Environmental supervision stations (stations) can be set up in areas with developed township enterprises and in towns with conditions according to the actual situation.

Article 11 Projects that may cause pollution and damage to the environment, such as new construction, reconstruction, expansion, relocation and technical transformation, must strictly implement the laws and regulations on environmental protection and the provisions of the province on the management of environmental protection of construction projects.

All construction projects that have an impact on the environment and have high requirements for environmental quality must implement the system of environmental impact statement (table), so as to achieve the goal of evaluation before construction. The departments of planning, planning, land, banking, and industrial and commercial administration shall not go through the relevant procedures for the construction projects that have not been approved by the competent administrative department of environmental protection and the construction projects that have not been subject to the environmental impact assessment according to the regulations, and the design department shall not design in advance.

Units engaged in environmental impact assessment must carry out the environmental impact assessment of construction projects with certificates, comply with the technical specifications for environmental impact assessment issued by the national environmental protection administrative department, charge fees according to the assessment fee standards approved by the pricing department, and be responsible for the assessment conclusions, and accept the inspection, supervision and assessment of the environmental protection administrative department.

Article 12 The provincial administrative department of environmental protection shall, together with the provincial standards department, draw up local environmental standards for items not specified in the national environmental standards, and for items that have been specified in the national environmental standards, draw up local environmental standards that are stricter than the national standards. The local environmental standards shall be implemented after being approved by the provincial people's government and reported to the national administrative department of environmental protection for the record.

The provincial administrative department of environmental protection shall participate in the formulation of quality standards for environmental protection products.

Chapter III Protection and Improvement of the Environment

Article 13 Local people's governments at all levels and relevant departments shall, in accordance with the national and local environmental standards and the requirements of the provincial environmental protection plan, delimit scenic spots, nature reserves, water and atmospheric environmental quality control areas, urban environmental noise standards application areas, agricultural environmental protection comprehensive improvement areas, basic farmland protection areas and other areas requiring special protection within their administrative areas.

Article 14 Local people's governments at all levels and relevant departments and units shall implement and reasonably arrange the use of the funds used for environmental protection as prescribed by the State, and may not intercept or misappropriate them for other purposes; We should actively open up new funding channels, increase investment in environmental protection, and increase the proportion of environmental protection investment in GDP; Gradually establish an environmental pollution control fund system and improve its use

Efficiency.

Article 15 No industrial production facilities that pollute the environment may be built in scenic spots, nature reserves and other areas requiring special protection designated by the people's governments at all levels and relevant departments; For the construction of other facilities, the discharge of pollutants shall not exceed the prescribed discharge standards. If the discharge of pollutants from the completed facilities exceeds the discharge standards set by the State, they shall be controlled within a time limit.

Article 16 The rational development, utilization and protection of natural resources and the maintenance of a sound ecological cycle. Units engaged in the development and utilization of natural resources that cause environmental damage shall pay fees for comprehensive improvement of the ecological environment to the competent administrative department of environmental protection.

Article 17 The cultivated land shall be rationally used and protected, the farmland fertility shall be improved, and reasonable drainage, irrigation and cultivation measures shall be adopted to prevent the soil from becoming barren and salinized.

Develop and utilize groundwater reasonably to prevent water source depletion and land subsidence; It is forbidden to enclose lakes for farmland and enclose, occupy and fill up water surfaces, marshes, beaches and depressions without authorization; It is forbidden to discharge harmful waste water into farmland and fishery waters.

Comprehensive utilization of agricultural wastes, promotion of biogas, comprehensive prevention and control of crop and other plant diseases and insect pests, and improvement of agricultural ecological environment.

Article 18 The production, storage, transportation, distribution and use of pesticides must comply with the relevant provisions of the State; Prohibit the operation, use and import of pesticides that are prohibited from being used or registered in accordance with national regulations; Reasonable use of chemical fertilizer, agricultural film, plant growth hormone and other substances to prevent pollution and damage to the agricultural environment and agricultural products.

Article 19 It is prohibited to stack, discard and dispose of waste residues, tailings, oil, garbage, pathogenic pollutants and other toxic and harmful substances in scenic spots, nature reserves, forest parks, gardens, farmland, orchards, tea farms, fishery water bodies and other areas that need special protection; If it is really necessary to pile up, discard and dispose of it, it must be approved by the local administrative department of environmental protection or

Approved by other relevant departments.

Article 20 Where industrial wastewater, urban sewage, garbage and other wastes can be used for irrigation, fertilization, baiting and soil improvement, the relevant water bodies, soils and agricultural products shall be regularly monitored to prevent pollution of the soil, water bodies and agricultural products.

Strictly control the discharge of fluorine-containing gas or other harmful gases and dust into the sericulture production area.

Article 21 Protect biodiversity, protect rare and endangered wild animals and plants, and prohibit any unit or individual from illegally hunting, poisoning, cutting, processing, purchasing and selling wild animals and plants and their products protected by the state and the province.

Article 22 The competent administrative department of environmental protection of the provincial people's government shall be responsible for declaring national and provincial nature reserves to the provincial people's government, supervising major economic activities that cause changes in the ecological environment, and formulating the assessment indicators and measures for the ecological environment of the province together with the relevant departments. The management of forest and wildlife type nature reserves shall be carried out in accordance with the provisions of relevant national laws and regulations.

Article 23 Focus on protecting the water environment of the Jiangsu section of the Yangtze River, Taihu Lake, Hongze Lake, ■ (Yintongge) Lake, Yangcheng Lake and other water areas, and comprehensively control the pollution of the Jiangsu section of the canal, Taihu Lake, Huaiyi River system, Lixia River and other water systems.

Water conservancy departments at all levels should strengthen the unified planning and management of water resources. When constructing water conservancy projects and carrying out water diversion, storage and drainage, they should first meet the domestic water demand of urban and rural residents, give overall consideration to agricultural and industrial water use, maintain the self-purification capacity of the downstream water environment, and prevent pollution and damage to the water environment.

Article 24 Local people's governments at all levels and relevant departments must strictly protect drinking water sources, delimit drinking water source protection zones, and prohibit the construction of polluting projects, the establishment of sewage outlets or the aquaculture in drinking water source protection zones. Those that have been completed must be transferred, relocated or closed down within a time limit.

Article 25 The plan for a city shall include the plan, objectives and tasks related to environmental protection; In urban and rural construction, we must strengthen the construction of gardens, greening and scenic spots.

Article 26 Local people's governments at all levels and relevant departments shall strengthen the comprehensive improvement of the urban environment, build smoke and dust control areas and environmental noise standard areas in a planned way, improve urban drainage networks, build urban sewage treatment plants, carry out comprehensive utilization and harmless treatment of solid waste, strengthen the construction and management of municipal public supporting facilities such as central heating and gas, and implement comprehensive treatment of the environmental areas.

In the construction of development zones and industrial zones, unified planning, rational layout and centralized pollution control must be implemented.

Chapter IV Prevention and Control of Environmental Pollution and Other Public Hazards

Article 27 Units and individuals that cause environmental pollution and other public hazards must implement the relevant provisions on the administration of declaration and registration of discharged pollutants, register with the local competent administrative department of environmental protection, and take effective measures to prevent waste gas, waste water, waste residue, dust, oil smoke, malodorous gas, radioactive substances, noise, vibration Environmental pollution and harm caused by electromagnetic wave radiation.

Article 28 New industrial enterprises and existing industrial enterprises shall adopt cleaner production processes with low energy and material consumption and low pollutant discharge, and conduct comprehensive utilization or harmless treatment of wastes.

Article 29 All construction projects that have an impact on the environment must be designed, constructed and put into operation at the same time as the main works of the facilities for the prevention and control of pollution and other public hazards in accordance with the relevant provisions of the State and the province, otherwise they are not allowed to be put into operation. It is strictly prohibited to discharge pollutants on the basis of trial production.

Article 30 The completed pollution prevention and control facilities must operate normally and may not be dismantled or left idle without authorization. If it is necessary to dismantle or leave idle, it shall report to the local administrative department of environmental protection one month in advance. The competent administrative department of environmental protection shall give an official reply within one month after receiving the application. If it fails to give an official reply within the time limit, it shall be deemed to have agreed.

Article 31 Enterprises and institutions that cause serious environmental pollution, especially papermaking, chemical industry, printing and dyeing, tanning, steel rolling, cement, oil refining, phosphate fertilizer and other enterprises, shall control the pollution within a time limit. If it is difficult to control, it shall be ordered to close, stop, merge and transfer. The decision to control within a time limit shall be made by the corresponding people's government according to its administrative authority.

Enterprises and institutions that are ordered to control within a time limit shall regularly report the progress of control to the competent administrative department of environmental protection and complete the task of control as scheduled. The competent administrative department of environmental protection shall promptly report the inspection and acceptance to the people's government at the same level.

Article 32 The total amount of pollutants discharged shall be gradually controlled according to the environmental quality of the province and the needs of economic and social development.

The local people's governments at all levels shall, in accordance with the requirements of the environmental quality of their respective jurisdictions and adjacent areas, determine the objectives and control measures for the total amount of pollutant emissions, and submit them to the people's governments at higher levels for approval before implementation. Where the total amount of pollutants discharged exceeds the control target, resulting in the aggravation of environmental pollution or the decline of environmental functions in the neighboring areas, compensation fees shall be paid to the neighboring areas.

Pollutant discharging units that control the total amount of pollutants discharged must implement the pollutant discharge permit system, and the total amount of pollutants discharged shall not exceed the prescribed limit.

Article 33 Units and individual operators that discharge pollutants to the environment shall pay pollutant discharge fees; Those who discharge pollutants to the environment in excess of the pollutant discharge standards shall pay a fee for exceeding the standards and be responsible for the control thereof.

Pollutant discharge fee and super-standard discharge fee shall be collected by the competent administrative department of environmental protection and managed by local finance, mainly for pollution control.

Article 34 The import of technology and equipment from abroad and abroad must comply with the relevant provisions of the national environmental protection laws and regulations.

It is prohibited to transfer toxic and hazardous wastes listed in the national control list from abroad or abroad to the province for treatment and disposal, so as to prevent pollution transfer.

For those who need to import waste as raw materials, energy or for reuse due to special needs, they must apply for, register, approve and apply for inspection in accordance with the procedures prescribed by the State.

Article 35 The collection, transportation, comprehensive utilization, treatment and treatment of hazardous waste must be reported to the local competent administrative department of environmental protection for approval; Implement the transfer report system for the transportation and transfer of hazardous waste; The site selection of hazardous waste treatment and disposal facilities shall comply with the relevant provisions of the State and the province.

It is prohibited to transfer the discharged toxic and harmful substances or equipment that causes serious pollution to units and individuals without the ability to prevent and control pollution for production or use.

It is forbidden to accept toxic and harmful substances and equipment that cause serious pollution for the purpose of seeking its own economic benefits.

It is strictly prohibited to discard and discharge hazardous waste into the environment without treatment and permission, and it is strictly prohibited to collect, transport, treat and dispose hazardous waste and general waste together.

Article 36 Units that produce radioactive waste must strictly control the radioactive waste, and submit the radioactive waste to the provincial radioactive waste management agency for centralized collection and storage in accordance with relevant regulations, and may not dispose of it by themselves.

Article 37 Units and individuals that produce noise must take preventive measures to control noise within the environmental noise emission standards set by the State. It is forbidden to use high-power radio speakers and radio propaganda vehicles in urban areas; It is forbidden to use loud and loud methods to attract customers in commercial activities; It is forbidden to engage in construction work with excessive noise at night.

Article 38 The competent administrative departments of environmental protection at all levels must promptly report to the people's governments at the same level and the competent administrative departments of environmental protection at higher levels the environmental pollution and environmental damage accidents that have occurred within their respective jurisdictions.

The prevention, control and treatment of environmental pollution and damage across administrative regions shall be settled by the relevant local people's governments through consultation, or by the people's governments at higher levels through coordination and decision.

Chapter V Legal Liability

Article 39 In case of any of the following acts in violation of the provisions of these Regulations, the competent administrative department of environmental protection or other departments exercising the power of environmental supervision and management in accordance with the provisions of laws and regulations may, according to the different circumstances, give a warning or impose a fine.

（1） Violating the environmental impact assessment system;

（2） The conclusion of environmental impact assessment is wrong and causes losses;

（3） Refusing on-site inspection or resorting to fraud when being inspected;

（4） Refusing to report or falsely reporting the relevant pollutant discharge declaration and registration items;

（5） Failing to pay pollution discharge fees or exceeding standards according to regulations;

（6） Importing technologies, equipment and toxic and hazardous wastes that do not meet the requirements of environmental protection regulations;

（7） Not carrying out simultaneous design, construction and production;

（8） Transferring and accepting production equipment that causes serious pollution;

（9） Initiating production projects that seriously pollute the environment;

（10） Failing to implement the regulations on limiting the time of noise operation;

（11） Discharge pollutants on the basis of trial production for a long time;

（12） Discharging pollutants without a permit or in accordance with the provisions of the pollutant discharge permit;

（13） Collecting, transporting, treating or discharging toxic or hazardous waste or radioactive waste and radioactive sources without authorization;

（14） Other acts in violation of these Regulations.

Article 40 If a construction project is put into production or use without authorization because its pollution prevention and control facilities have not been completed or have not met the requirements prescribed by the State, the competent administrative department of environmental protection that approved the environmental impact statement of the construction project shall order it to stop production or use and may also impose a fine.

Article 41 Whoever, without the consent of the competent administrative department of environmental protection, dismantles or leaves idle the facilities for prevention and control of pollution, and discharges pollutants in excess of the prescribed discharge standards, shall be ordered by the competent administrative department of environmental protection to reinstall and use them, and shall also be fined.

Article 42 For enterprises and institutions that violate relevant regulations and cause environmental pollution accidents, the competent administrative department of environmental protection or other departments exercising the power of environmental supervision and management as prescribed by laws and regulations shall impose a fine on them according to the harmful consequences caused; If the circumstances are serious, the relevant responsible person shall be given administrative sanctions by the unit to which he belongs or by the competent government authority.

Article 43 For pollutant discharging units and self-employed operators that have failed to complete the task of pollution control within the time limit, in addition to charging extra fees for exceeding the standard in accordance with the provisions of the State, they may be fined or ordered to suspend operation or close down according to the harmful consequences caused.

The fine prescribed in the preceding paragraph shall be decided by the competent administrative department of environmental protection; The order to suspend business or close down shall be decided by the people's government that has made the decision to control the pollution within a time limit; To order enterprises and institutions under the direct jurisdiction of the Central Government to suspend business or close down, they must report to the State Council for approval.

Article 44 The competent administrative department of environmental protection at the county level may decide to impose a fine of not more than 10000 yuan. If the fine exceeds 10000 yuan, it must be approved by the competent administrative department of environmental protection at a higher level.

The administrative department of environmental protection of a city divided into districts may decide to impose a fine of less than 50000 yuan. If the fine exceeds 50000 yuan, it shall be reported to the provincial administrative department of environmental protection for approval.

The provincial administrative department of environmental protection may decide on a fine of not more than 200000 yuan. If the fine exceeds 200000 yuan, it shall be reported to the provincial people's government for approval.

Other departments exercising the power of environmental supervision and management in accordance with the provisions of laws and regulations shall be subject to the provisions of relevant laws and regulations.

Article 45 All fines and confiscations specified in these Regulations shall be turned over to the State Treasury. All fines and confiscations of units shall be paid from their own funds and shall not be included in the cost.

Article 46 If a party refuses to accept the decision on administrative punishment, he may, within 15 days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level that made the decision on punishment; If they are not satisfied with the reconsideration decision, they may bring a suit in a people's court within 15 days from the date of receiving the reconsideration decision. A party may also directly bring a suit in a people's court within 15 days from the date of receiving the notice of punishment. The party concerned fails to apply after the time limit

If a person applies for reconsideration, neither brings a suit in a people's court, nor complies with the decision on administrative punishment, the organ that made the decision on punishment shall apply to the people's court for compulsory execution.

Article 47 Those who cause damage to natural resources such as land, forests, water, minerals, fisheries, wild animals and plants shall bear legal liabilities in accordance with the provisions of relevant laws and regulations.

Article 48 If a serious pollution accident is caused, resulting in serious consequences such as heavy losses of public and private property or personal injury or death, which constitutes a crime, the judicial organ shall investigate the criminal responsibility according to law.

Article 49 If the supervision and management personnel of environmental protection and the management personnel of the departments related to environmental protection neglect their duties, abuse their powers, engage in malpractices for personal gain, ask for bribes and accept bribes, the units to which they belong or the competent authorities at a higher level shall give them administrative sanctions; If a crime is constituted, the judicial organ shall investigate the criminal responsibility according to law.

Chapter VI Supplementary Provisions

Article 50 The provincial people's government may formulate implementation measures in accordance with these Regulations.

Article 51 These Regulations shall go into effect as of the date of promulgation.

Attachment: Decision of the Standing Committee of the Jiangsu Provincial People's Congress on Amending the Jiangsu Provincial Environmental Protection Regulations

(Adopted at the 29th Meeting of the Standing Committee of the Eighth People's Congress of Jiangsu Province on July 31, 1997 and promulgated for implementation on July 31, 1997)

At the 29th meeting of the Standing Committee of the Eighth People's Congress of Jiangsu Province, in accordance with the Administrative Punishment Law of the People's Republic of China and other relevant laws and administrative regulations, and in combination with the specific situation of the province, the Standing Committee decided to make the following amendments to the Environmental Protection Regulations of Jiangsu Province:

1、 The first paragraph of Article 10 is amended to read: "The competent administrative department of environmental protection at or above the county level shall strengthen and enrich the environmental supervision institution. The environmental supervision institution must carry out on-site supervision and inspection on the implementation of environmental protection laws and regulations by units or individuals within its administrative region according to law."

2、 The second paragraph of Article 31 is revised to read: "The decision to control within a time limit shall be made by the corresponding people's government according to its administrative authority."

3、 The second paragraph of Article 38 is revised to read: "The prevention and treatment of environmental pollution and environmental damage across administrative regions shall be settled by the relevant local people's governments through consultation, or the people's governments at higher levels shall coordinate and make decisions."

4、 Article 43 is amended to read: "For pollutant discharging units and self-employed operators that have failed to complete the task of pollution control within the time limit, in addition to charging fees for exceeding the standard in accordance with the provisions of the State, they may be fined or ordered to suspend operation or close down according to the harmful consequences caused.

"The fine prescribed in the preceding paragraph shall be decided by the competent administrative department of environmental protection; the order to suspend business or close down shall be decided by the people's government that has made the decision to control the pollution within a time limit; the order to suspend business or close down an enterprise or institution under the direct jurisdiction of the Central Government shall be submitted to the State Council for approval."

5、 Article 45 is revised to read: "All fines and confiscations specified in these Regulations shall be turned over to the State Treasury. All fines and confiscations of units shall be paid from their own funds and shall not be included in the cost."

This decision shall go into effect as of the date of promulgation. July 31, 1997