People's Republic of China environmental protection law
(December 26, 1989 NPC adopted at the 11th meeting of the Standing Committee April 24, 2014 of 12th meeting of the Standing Committee of the eighth national people's Congress to amend) directory
Chapter I General provisions
Chapter II supervision and administration
Chapter III protection and improvement of the environment
The fourth chapter to prevent and control pollution and other public hazards
The fifth chapter, information disclosure and public participation
The sixth chapter legal liability
The seventh chapter by-laws
Chapter I General provisions
First in order to protect and improve the environment and control pollution and other public hazards, safeguarding public health, promoting the construction of ecological civilization and promote sustainable economic and social development, this law is enacted.
Environment referred to in article II of this law refers to human survival and development of all kinds of natural and have undergone artificial modification of natural factors overall, including air, water, oceans, land, mineral resources, forests, grasslands, wetlands, wildlife, natural heritage, cultural sites, nature reserves, scenic, urban and rural areas.
Article III of this law shall apply to People's Republic of China area and People's Republic of China sea areas under the jurisdiction.
Article fourth environmental protection is a basic State policy.
States to promote recycling and resource conservation, protection and improvement of the environment, the promotion of human and nature harmonious economic and technical policies and measures to coordinate economic and social development and environmental protection.
Fifth environmental protection priority, prevention first and comprehensive treatment, public participation, compromising the principle of accountability.
Article sixth of all units and individuals have the obligation to protect the environment.
Local people's Governments at all levels should be responsible for the environmental quality of the administration.
Enterprises, institutions and other producers and traders shall prevent, reduce environmental pollution and ecological damage, shall bear liability for resulting damage.
Should enhance the consciousness of environmental protection of citizens, adopting a low carbon and thrifty lifestyle, conscious implementation of environmental obligations.
Seventh national environmental research, development and application of science and technology, encourage the development of environmental protection industries, promotion of information construction of environmental protection, improve the level of environmental protection science and technology.
Eighth people's Governments at various levels shall strengthen the protection and improvement of the environment, pollution and other public hazards of financial investment, improve financial efficiency.
Nineth people's Governments at various levels should strengthen environmental protection promotion and popularization, encouraging grassroots organizations, social organizations, environmental protection volunteers in environmental protection laws and regulations, and to disseminate knowledge on environmental protection, create a good atmosphere for protecting the environment.
The administrative departments of education, school knowledge of environmental protection should be integrated into the content of school education, cultivate students ' environmental awareness.
News media shall conduct environmental protection laws and regulations, and to disseminate knowledge on environmental protection, and public opinion supervision of environmental violations.
Article tenth Environmental Protection Department under the State Council for nation shall exercise unified supervision and management environmental protection; local people's Governments at or above the county level environmental protection departments exercise unified supervision and management of environmental protection the administrative regions.
Relevant departments of the people's Governments above the county level and the Army Department of environmental protection, in accordance with the provisions of the relevant laws on resource conservation and pollution prevention and control and supervise environmental protection work.
11th article on protecting and improving the environment units and individuals who have made significant achievements, by Government incentives.
12th annual June 5 for the environment.
Chapter II supervision and administration
13th people's Governments above the county level shall incorporate environmental protection into national economic and social development plan.
Environmental Protection Department, in conjunction with the relevant departments of the State Council, according to the national economic and social development planning, the preparation of national environmental protection plan, submitted to the State Council for approval and promulgation and implementation.
Local people's Governments at or above the county level environmental protection Department, in conjunction with relevant departments, according to the requirements of the national environmental protection plan, preparation of the Administration's environmental protection plan, approved and promulgated the people's Governments at the same level.
Contents of the environmental protection plan shall include ecological protection and pollution control goals, tasks, safeguard measures and major functional areas planning, land use planning and urban and rural planning link.
14th State Council relevant departments and provinces, autonomous regions and municipalities organize economic and technical policies, should fully consider the impact on environment, listen to the views of interested parties and experts.
15th State Council environmental protection authorities under the national environmental quality standards. The provinces, autonomous regions and municipalities on projects not specified in the national environmental quality standards may establish local environmental quality standards; the items is specified in the national environmental quality standards may establish more stringent than the national environmental quality standards for local environmental quality standards.
Local environmental quality standards should be reported to the Environmental Protection Department under the State Council for the record.
Countries conducting environmental baseline studies are encouraged.
16th the Environmental Protection Department under the State environmental quality standards and the economic and technical conditions, development of national emission standards. The provinces, autonomous regions and municipalities on projects not specified in national pollutant discharge standards, can make such local standards; national pollutant discharge standards have been specified in the project may establish more stringent than national discharge standard of pollutants for such local standards.
Local standards should be reported to the Environmental Protection Department under the State Council for the record. 17th State shall establish and improve environmental monitoring systems.
Monitoring norms established environmental protection Department under the State Council, in conjunction with relevant departments to monitor the network, unified planning of national environmental quality monitoring stations (dot) setting, establishment of a monitoring mechanism for data sharing, strengthen the management of environmental monitoring.
Relevant industry, professional, and other environmental quality monitoring stations (point) set shall conform to the requirements of laws and regulations and monitoring standards. Monitoring bodies should be used to meet national standards for monitoring equipment and specification for compliance monitoring.
Monitoring bodies and their leaders responsible for the truthfulness and accuracy of monitoring data.
18th people's Governments above provincial level shall organize relevant department or entrust a specialized agency, to investigate the State of the environment, evaluation, establish resource carrying capacity of the environment monitoring and early-warning mechanism.
19th the compilation of the relevant development planning, construction projects that have an impact on the environment, it shall conduct an environmental impact assessment.
Failing to conduct an environmental impact assessment of development plans shall not implement; failing to carry out environmental impact assessment of construction projects shall not be under construction.
Focus of the 20th State to establish trans-regional, watershed environmental pollution and ecological destruction of joint coordination mechanisms, implementation of unified planning, unified standards, harmonization of monitoring and harmonization of control measures.
Except as provided in the preceding paragraph cross administrative division of prevention and control of environmental pollution and ecological destruction, by the higher people's Government solved or resolved by the relevant local people's Governments.
21st national fiscal, tax, pricing, government procurement policies and measures encouraged and supported environmental protection technology and equipment, comprehensive utilization of resources and environmental services such as the development of environmental protection industries.
22nd enterprises, institutions and other producers, in pollutant emissions in accordance with the statutory requirements on the basis of further reduce pollutant emissions, people's Governments shall adopt financial, tax, pricing, policies on government procurement, and measures to encourage and support.
23rd enterprises, institutions and other producers, to improve the environment, in accordance with the relevant provisions of production, relocation, closure of, the people's Governments shall support. 24th article commissioned by the Environmental Protection Department and the people's Governments above the county level environmental monitoring agencies and other departments responsible for the supervision and administration of environmental protection, is entitled to discharge of pollutants by enterprises, institutions and other operators to carry out on-site inspections. Examiners should faithfully reflect the situation, provide the necessary information.
Conduct inspections of departments, agencies and their staff should be checked to keep business secrets.
25th enterprises, institutions and other producers and violation of laws and regulations, emission, has caused, or is likely to cause serious pollution, the people's Governments above the county level environmental protection Department and other departments responsible for the supervision and administration of environmental protection, can seal up, distrain resulting emission of facilities and equipment. 26th national environmental protection goals accountability and evaluation system. Targets of environmental protection should be integrated into the people's Governments above the county level to level people's Government departments responsible for the supervision and administration of environmental protection and its head and lower level people's Governments and principal content, as an important basis for its evaluation.
Assessment results should be open to the public.
27th people's Governments above the county level shall annually to congresses or report of the Standing Committee of the national people's Congress environment and environmental protection targets, significant environmental events that occurred to this level shall timely report of the Standing Committee of the national people's Congress, shall be subject to supervision.
Chapter III protection and improvement of the environment
28th local people's Governments at all levels should be based on the environmental protection objectives and management tasks, and take effective measures to improve environmental quality.
Does not meet the national environmental quality standards focused on the relevant local governments, watershed, and deadline compliance planning should be established, and measures taken to regular standards.
29th national key ecological function area, environmentally sensitive areas and ecological protection in vulnerable areas such as zoning red line, strict protection.
All levels of people's Governments have representation in all types of natural ecosystems, rare and endangered species of wild fauna and flora of natural distribution area, important water resource conservation area, is of great scientific and cultural value of the geological structure, the famous cave and the distribution of fossils, glaciers, volcanoes, hot springs and other natural sites, as well as human remains, valuable and old trees, steps should be taken to protect, no damage.
30th the development and utilization of natural resources, rational development and conservation of biological diversity, protection of ecological security, law on ecological protection and restoration programmes and implementing them.
The introduction of exotic species, as well as research, development and use of bio-technology, measures should be taken to prevent damage to the biological diversity.
31st State shall establish and improve the system of compensation for ecological protection. National fiscal transfer payment to increase ecological protection area.
Local people's Governments concerned should implement the ecological protection of the compensation fund, to ensure that their compensation for ecological protection.
National benefit and ecological protection of the regional people's Government, through consultations or compensation for ecological protection in accordance with market rules.
32nd State to strengthen the protection of air, water and soil, and establish and improve relevant research, monitoring, assessment and remediation systems.
33rd article levels Government should strengthening on agricultural environment of protection, promote agricultural environmental protection technology of using, strengthening on agricultural sources of monitoring warning, and Manpower about sector take measures, control soil pollution and land sandy, and salinization, and barren of, and rocky of, and ground settlement and control vegetation damage, and soil erosion, and water rich nutrition of, and water depletion, and provenance extinction, ecological disorders phenomenon, promotion plant pest of integrated.
County-level and township-level people's Governments should improve the level of environmental protection public services in rural areas, promoting the comprehensive improvement of the rural environment. Article 34th and coastal local governments at all levels should strengthen the protection of the marine environment.
To discharge of pollutants, the dumping of wastes at sea, marine engineering and marine construction, shall comply with the relevant laws and regulations and standards, prevention and reduction of pollution damage to the marine environment.
35th for urban and rural construction should be combined with the characteristics of the local natural environment, protection of vegetation, water, and natural landscapes, urban gardens, green spaces and scenic construction and management.
36th State to encourage and guide citizens, legal persons and other organizations to use environmentally friendly products and recycled products, reduction of waste generation.
State organs and the use of financial resources and other organizations should give priority to the purchase and use of energy, water, raw materials and other environmentally friendly products, equipment and facilities.
37th local people's Governments at various levels shall take measures to organizations on classification of waste disposal and recycling.
38th citizens should comply with environmental protection laws and regulations, and to support the implementation of environmental protection measures, in accordance with the provisions to categorize domestic waste is placed to reduce daily damage to the environment.
39th State shall establish and improve the environment and health monitoring, investigation and risk assessment system; and organizations are encouraged to undertake quality research on public health, to take measures to prevent and control diseases linked to environmental pollution.
The fourth chapter to prevent and control pollution and other public hazards
40th State to promote cleaner production and resource recycling.
Relevant departments of the State Council and local people's Governments at various levels shall take measures to promote the production and use of clean energy.
Enterprises should give priority to the use of clean energy, high resource utilization, low emissions technology, equipment and harmless treatment technology of comprehensive utilization technology of waste and pollutants, produce fewer pollutants. 41st pollution prevention facilities in a construction project, simultaneously with the principal part of the project should be designed, constructed and put into use.
Pollution prevention facilities shall conform to the approved environmental impact assessment documentation requirements may be supplemented, removed or left idle.
42nd discharge of pollutants by enterprises, institutions and other producers, should take measures to control in the production of construction or other activities in the waste gas, waste water, solid waste, medical waste, dust, malodorous gases, radioactive substances, noise, vibration, optical radiation, electromagnetic radiation pollution and harm to the environment.
Pollutant enterprises and institutions shall establish a responsibility system for environmental protection, clear responsibilities of the unit heads and related personnel.
Priority pollutant discharging unit shall, in accordance with relevant regulations of the State and monitoring standards to install monitoring equipment, monitoring equipment to ensure the normal operation, save the original monitoring and recording.
Prohibited through pipe, into seepage wells pits, sink, pouring or tampering, falsification of data, or not running anti-pollution installations, escape the supervision of illegal discharge of pollutants. Article 43rd discharge of pollutants by enterprises, institutions and other producers, shall be paid in accordance with the relevant provisions of the State charges.
Sewage charges should be fully earmarked for environmental pollution control, no unit or individual may intercept or occupy, or for other purposes.
Environmental protection taxes in accordance with the law, not to levy the sewage charges. 44th State practices focusing on pollutant emission control system. Key indicators of total quantity control of pollutants released by the State Council, down the people's Governments of provinces, autonomous regions and municipalities.
Enterprises and institutions in the implementation of national and local standards and shall observe the decomposition into this unit focuses on total quantity control of pollutants.
To exceed the national total emissions of major pollutants control or did not complete the national environmental quality objectives identified by area, people's Governments above provincial environmental protection departments shall suspend approval of its new total discharge of major pollutants of the construction project environmental impact assessment document.
Article 45th State applies a discharge licensing management system in accordance with the law.
The tradable permits management of enterprises, institutions and other producers and operators shall discharge pollutants discharge permit requirements; without a discharge permit, must not emit pollutants. 46th State on heavily polluting processes, equipment and products applies an elimination system.
No units or individuals are allowed to produce, sell or transfer, the use of heavily polluting processes, equipment and products.
Prohibit the introduction does not meet the requirements of environmental protection technology, equipment, materials and products.
47th people's Governments at all levels and relevant departments, enterprises and institutions shall, in accordance with the People's Republic of China emergency response provisions of the law, and control of risks of environmental emergencies, emergency preparedness, emergency response and subsequent recovery, and so on.
The people's Governments above the county level shall establish public monitoring and early-warning mechanism of environmental pollution, develop early warning programme environmental contamination, which may affect public health and environmental safety, published early warning information in a timely manner in accordance with law, emergency measures. Enterprises and institutions shall, in accordance with the relevant provisions of environmental emergency plans, environmental protection departments and relevant departments for the record.
Or may occur when environmental emergencies occur, enterprises and institutions shall take immediate measures, units and residents informed in a timely manner may be compromised, and report to the Environmental Protection Department and other relevant departments.
Environmental emergencies emergency handling after the relevant people's Government shall immediately organize the environmental impact assessment of events and losses, and will evaluate the results announced to the public in a timely manner.
48th production, storage, transportation, sale, use and disposal of chemicals and articles containing radioactive substances shall comply with the relevant regulations of the State, to prevent pollution of the environment.
49th levels of people's Governments and their agriculture-related departments and agencies should guide the agricultural producers of scientific planting and breeding, scientific and reasonable use of pesticides, chemical fertilizers and other agricultural inputs, scientific disposal of agricultural film, straw and other agricultural waste, prevention of agricultural non-point source pollution. Ban would not be agricultural standards for solid waste, wastewater and environmental protection standards into farmland.
Pesticide, fertilizer and other agricultural inputs and irrigation, measures should be taken to prevent environmental pollution by heavy metals and other toxic substances. Livestock and poultry farms, breeding, slaughter in enterprises, such as the siting, construction, and management should comply with the relevant laws and regulations.
Units and individuals engaged in livestock farming and slaughtering shall take measures, such as manure, dead bodies and sewage waste disposal scientific, prevent pollution of the environment.
People's Governments at the county level responsible for waste disposal in rural areas.
50th people's Governments at various levels shall arrange funds in the budget, support for rural drinking water sources protection, sewage and other waste, livestock farming and slaughtering of pollution control, soil pollution control and rural industrial pollution control and environmental protection.
51st people's Governments at various levels should urban and rural construction of sewage treatment facilities and support networks, collection, transportation and disposal of solid waste and other sanitation facilities, hazardous waste disposal facilities, venues and other public facilities of environmental protection, and to guarantee their normal operation.
52nd State encourages the insured environmental liability insurance.
The fifth chapter, information disclosure and public participation article 53rd citizens, legal persons and other organizations shall have the right to access to environmental information, participation and supervision of environmental protection.
People's Governments at all levels the Environmental Protection Department and other departments responsible for the supervision and administration of environmental protection, shall disclose environmental information, improving public participation in procedures for citizens, legal persons and other organizations to facilitate their participation in and supervision of environmental protection. 54th issuing the environmental protection authorities under the State environmental quality, the major pollution source monitoring information and other environmental information.
People's Governments above provincial environmental protection Department regularly releases report on the State of the environment.
People's Governments above the county level environmental protection Department and other departments responsible for the supervision and administration of environmental protection, shall disclose environmental quality, environmental monitoring, environmental emergencies and environmental approvals, administrative penalties, levying of sewage charges and the use of such information.
Local people's Governments at or above the county level environmental protection Department and other departments responsible for the supervision and administration of environmental protection, should be enterprises, institutions and other producers of environmental law information credited to social credit files, lists of offenders released to the community in a timely manner.
55th key units should be open to the public the main pollutant name, emissions, emission concentrations and total excess emissions, as well as the construction and operation of pollution prevention facilities, subject to public supervision.
56th on the construction project environmental impact report shall be compiled in accordance with law, the construction unit shall at the time of the preparation of the public likely to be affected to explain the situation fully consulted.
Responsible departments for approving environmental impact evaluation of construction project file after the receipt of the construction project environmental impact statement, apart from matters related to State and commercial secrets, should be full public; found that construction projects do not fully seek public opinions, should be entrusted with the project owner for public comment.
57th citizens, legal persons and other organizations find any unit and individual acts of environmental pollution and ecological damage, right to environmental protection department or other departments responsible for the supervision and administration of environmental protection reported.
Citizens, legal persons and other organizations found that local people's Governments, the people's Government above the county level environmental protection Department and other departments responsible for the supervision and administration of environmental protection do not perform their duties according to law, are entitled to their superior authorities or supervisory authorities.
Accept the reporting authorities shall set forth the relevant information confidential informants, protect the legitimate rights and interests of the source.
Article 58th of environmental pollution and ecological damage, harm public interests, social organization meets the following conditions may initiate litigation to the people's Court:
(A) according to law within the municipal district people's Government above the civil affairs departments registered;
(B) specialized in environmental protection activities for five consecutive years and there is no record.
Community organizations in line with the provisions of the preceding paragraph initiate litigation to the people's Court, people's courts should be legally admissible.
Social organisation not to initiate proceedings through litigation to obtain economic benefits.
The sixth chapter legal liability
59th enterprises and institutions and other producers and illegal discharge of pollutants, be fined, ordered corrective action and refused to correct, law made the decisions of administrative authorities can be ordered to correct the date of the next day, the original punishment amount daily continuous punishment.
Fine penalties stipulated in the preceding paragraph, in accordance with the relevant laws and regulations in accordance with the pollution prevention facilities running costs, direct losses caused by illegal or unlawful income and other factors determine the provisions.
Local regulations can be based on the practical needs of environmental protection, increasing daily consecutive penalties stipulated in the first paragraph of the types of violations.
60th enterprises, institutions and other producers more than emission standards or exceed the key indicators of total quantity control of pollutants emissions, environmental protection departments above the county level people's Government may order the limited production, production control measures in serious cases, reported to have the right of approval for approval, closed, closed.
61st construction units have not been submitted to the environmental impact evaluation of construction project document or documents without the approval of environmental impact assessment, unauthorized construction, by the departments responsible for the supervision and administration of environmental protection shall be ordered to stop construction, fined and ordered to make restitution.
62nd in violation of the provisions of this law, focusing on units not to open or public environmental information, exposed by the local people's Governments at or above the county level environmental protection authorities shall order, fined, and make an announcement.
63rd article Enterprise institutions and other production operators has following behavior one of, is not constitute crime of, except in accordance with about legal regulations provides be punishment outside, by County above government environmental protection competent sector or other about sector will case transferred police organ, on its directly is responsible for of competent personnel and other directly responsibility personnel, at 10th above 15th following detention; plot more light of, at 5th above 10th following detention:
(A) the construction project environmental impact assessment according to law, was ordered to stop construction, has refused to implement;
(B) the violation of the law, without discharging pollutants discharge permit, was ordered to stop sewage, has refused to implement;
(C) through pipe, into seepage wells pits, sink, pouring or tampering, falsification of data, or normal mode of running anti-pollution installations evade regulation of illegal discharge of pollutants;
(D) production and use of State banned the production and use of pesticides, and ordered corrective action and refused to correct it.
64th of damages caused by environmental pollution and ecological damage, shall, in accordance with the People's Republic of China Law on tort liability assumed under relevant provisions of tort liability.
65th institutions of environmental impact assessment, environmental monitoring agencies and environmental monitoring equipment maintenance and pollution prevention facilities, the operation of institutions in activities related to environmental services, fraud, responsible for environmental pollution and ecological damage caused by, and be punished in accordance with related laws and regulations, but also should be linked to environmental pollution caused by joint and several liability and other liability for ecological damage.
66th section three-year limitation period for compensation for environmental damage litigation, from the party knew or should have known that its damage calculation. 67th at a higher level people's Governments and environmental protection departments should strengthen the supervision of lower level people's Governments and relevant departments of environmental protection.
Found are in violation of the staff concerned, given administrative sanctions according to law, shall be appointed or the supervision authorities recommend disciplinary action.
Should be given administrative punishments according to law, and environmental protection authorities not to impose administrative penalties, higher people's Government environmental authorities can impose administrative penalty decisions.
68th local people's Governments above the county level people's Governments at all levels, the Environmental Protection Department and other departments responsible for the supervision and administration of environmental protection of any of the following acts, are directly responsible for the charge and the other persons given demerits, demerit and demoted; causing serious consequences, dismissed or expelled, their chief should resign:
(A) does not meet the conditions of administrative Licensing administrative license;
(B) to cover up the environmental violations;
(C) the closure should be made according to law, the decision to close was not made;
(D) the excessive discharge of pollutants, escape from regulated emission pollutants, environmental accidents and caused ecological damage does not implement conservation measures, found or the complaint is not investigated in a timely manner;
(E) violations of the provisions of this law, seizure, seizure of enterprises, institutions and other production facilities, equipment operators;
(Vi), forged, altered, forged or tampered with monitoring data;
(VII) shall disclose environmental information, unpublished;
(H) the levy of sewage interception, misuse or diversion;
(IX) other violations of laws and regulations.
69th in violation of the provisions of this law, to constitute a crime, criminal responsibility shall be investigated according to law.
The seventh chapter by-laws
70th article this law shall enter into force on January 1, 2015.
