Prevention Regulations On Marine Pollution Damage To The Marine Environment Management Of Construction Project

Original Language Title: 防治海洋工程建设项目污染损害海洋环境管理条例

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People's Republic of China promulgated by Decree No. 475, the prevention of the marine pollution damage to the marine environment management of construction project Executive meeting of the State Council on August 30, 2006 the 148th adoption of the regulations, are hereby promulgated and, as of November 1, 2006.
Premier Wen Jiabao on September 19, 2006 prevention of marine engineering construction project pollution damage to the marine environment regulations chapter I General provisions article in order to prevent and reduce marine engineering construction projects (hereinafter referred to as Ocean Engineering) pollution damage to the marine environment and maintain the ecological balance of the sea to protect marine resources, according to the People's Republic of China Law on marine environmental protection, this Ordinance is enacted.
Article in the People's Republic of China waters within the jurisdiction of the marine engineering pollution damage to the marine environment activities, application of this regulation. Article in these regulations referred to as marine engineering, refers to the development, use, protection, and recovery of marine resources for the purpose, and the main coastline to the sea side of the construction, renovation or expansion projects.
Specific including: (a) surrounding fill sea, and sea dam engineering; (ii) Island, and sea and Harbour material storage facilities, and across Sea Bridge, and harbour tunnel engineering; (three) harbour pipeline, and Harbour electric (light) cable Engineering; (four) marine mineral resources exploration development and subsidiary Engineering; (five) Sea tidal power station, and wave power station, and temperature power station, marine energy development using engineering; (six) large seawater farming field, and artificial fish reef Engineering; (seven) Yantian, and seawater desalination, seawater utilization engineering;
(VIII) Marine Entertainment and sports, landscape development project; (IX) national marine authorities in conjunction with the Environmental Protection Department of Ocean Engineering. Fourth national marine authorities are responsible for the National Ocean Engineering environmental supervision and management, and receive guidance, coordination and supervision of the Environmental Protection Department under the State Council.
Coastal local people's Governments at or above the county level authorities responsible for the administration of the sea adjacent to the waters offshore environment supervision and management.
Fifth siting of offshore engineering and construction shall meet the marine function zoning, marine environmental protection planning and national environmental protection standards, should not affect the quality or damage to the environment of marine functional zones adjacent features.
Sixth national marine authorities under the national key indicators of total quantity control of pollutant discharge, assign key marine engineering marine discharge of pollutants control number.
Seventh article of any units and individuals of the marine engineering pollution damage to the marine environment, damage to marine ecology and other violations, have the right to report to the Marine Department.
Receiving the report of the Marine Department should be investigated according to law, and the informer confidential.
Chapter eighth State practices of environmental impact assessment environmental impact assessment of marine engineering systems.
Environmental impact assessment for Ocean Engineering, should be based on the project on marine environment and focusing on impact marine resources for analysis, forecasting and assessment, and the corresponding measures of ecological protection, prevention, control or mitigation project on the marine environment and marine resources as a result of interference and disruption. Marine environmental impact reports should be based on the environmental impact assessment for Ocean Engineering technical standards and other relevant environmental protection standards.
Preparation of environmental impact statements should be used meets the requirements of national maritime authorities investigate, monitor information. Nineth article marine engineering environment effect report book should including following content: (a) engineering profile; (ii) Engineering where waters environment status and adjacent waters utilization situation; (three) engineering on marine environment and marine resources may caused effect of analysis, and forecast and assessment; (four) engineering on adjacent waters function and other utilization activities effect of analysis and the forecast; (five) engineering on marine environment effect of economic profit and loss analysis and environment risk analysis; (six) intends take of environmental protection measures and economic, and technology argument And (VII) public involvement; (h) environmental impact assessment conclusions.
Marine engineering may damage to the coastal environment, its environmental impact statement should be added in the project impact on terrestrial ecosystems such as coastal nature reserve analysis and evaluation.
Tenth of new construction, renovation or expansion of the marine engineering units should delegate units with the appropriate qualification of environmental impact assessment environmental impact statement, approved by the Marine Department has the right to approve. Ocean approved by the competent authorities in the environmental impact report, maritime, fisheries, environmental protection Department and the army shall be solicited the views of, if necessary, can hold hearings.
Among them, the reclamation project must hold a hearing.
Ocean approved by the competent authorities in the environmental impact report and approved environmental impact report, newspapers should be environment protection departments at the same level, and accept supervision by the competent Department of environmental protection.
Marine construction unit at the time of project approval, approval and filing procedures, shall be submitted to the marine environmental impact report approved by the Department of Ocean Engineering.
11th article following marine engineering of environment effect report book, by national marine competent sector approved: (a) involved national marine interests, and Defense Security, special nature of Engineering; (ii) marine mineral resources exploration development and subsidiary Engineering; (three) 50 hectares above of fill sea engineering, 100 hectares above of surrounding sea Engineering; (four) tidal power station, and wave power station, and temperature power station, marine energy development using engineering; (five) by State or State about sector approval of marine engineering.
Except as provided in the preceding paragraph the ocean environmental impact report, Marine Department under the people's Governments at and above the county level by coastal coastal provinces, autonomous regions, and municipalities under the authority to approve.
Marine engineering may lead to cross-regional environmental effects and the Marine Department on environmental impact assessment conclusions are controversial, the project's environmental impact report approved jointly by the Marine Department at a higher level.
12th Marine Department should be receiving marine environment impact within 60 working days of the date of the report, make a decision on whether to approve, inform the owner in writing.
Required supplementary materials, shall promptly notify the employer approved the term from the date the materials make up the recalculation. 13th article marine engineering environment effect report book approved Hou, engineering of nature, and scale, and locations, and production process or intends take of environmental protection measures, occurred major change of, units should delegate has corresponding environment effect evaluation qualification of units again prepared environment effect report book, reported original approved the engineering environment effect report book of marine competent sector approved; marine engineering since environment effect report book approved of day up over 5 years party starts construction of, should in engineering starts construction Qian,
The project environmental impact report of the newspaper the original approval of the environmental impact report approved by the Marine Department again.
Ocean approved by the competent departments in the back the environmental impact report, once the approved environmental impact report of the newspaper should be environmental protection departments at the same level. 14th construction unit that can take tenders to determine environmental impact assessment for Ocean engineering units.
Any unit and individual shall specify the environmental impact assessment for Ocean engineering units.
15th units engaged in environmental impact assessment of marine engineering and the technical staff shall be in accordance with the provisions of the Environmental Protection Department under the State Council, made the appropriate certifications and qualifications.
State Council Environmental Protection Department issued marine environmental impact assessment certificate of qualification shall seek the views of national maritime authorities.
Pollution prevention of the 16th chapter of the marine engineering Ocean Engineering facilities of environmental protection should be simultaneously with the principal part of the project designed, built and put into use.
The preliminary design of the 17th offshore, should be in accordance with the code for environmental protection design and the requirements of the approved environmental impact report, environmental protection chapters in implementing environmental protection measures and environmental protection investment budget.
18th article units should in marine engineering input run of day 30 a days Qian, to original approved the engineering environment effect report book of marine competent sector application environmental protection facilities of acceptance; marine engineering input try run of, should since the engineering input try run of day up 60 a days within, to original approved the engineering environment effect report book of marine competent sector application environmental protection facilities of acceptance.
Staged construction and put into operation by phases of marine engineering, and their acceptance of environmental protection facilities should be phased.
19th Marine Department shall receive applications for acceptance of environmental protection facilities completed within 30 working days from the date of acceptance; unqualified acceptance and rectification.
Ocean Engineering necessary supporting facilities without the Marine Department of environmental protection acceptance or experience fail to pass, the project must not be put into operation.
Units may be supplemented, removed or idled offshore environmental protection facilities. 20th article marine engineering in construction, and run process in the produced not meet by approved of environment effect report book of case of, units should since the case appeared of day up 20 a days within organization environment effect of Hou evaluation, according to Hou evaluation conclusion take improved measures, and will Hou evaluation conclusion and take of improved measures reported original approved the engineering environment effect report book of marine competent sector record; original approved the engineering environment effect report book of marine competent sector also can obliges units for environment effect of Hou evaluation,
Take corrective action. 21st strictly controlled reclamation project.
Prohibition in the economic impacts on the natural spawning, breeding, feeding and Habitat reclamation activities.
Reclamation works using filling materials shall comply with the relevant environmental protection standards.
22nd construction marine works, must not cause baseline point and around sedimentation and erosion, damage to the environment, endanger the stability of point of the territorial sea.
Sea embankments, cross-sea bridges, sea entertainment and sports, landscape development projects, should take effective measures to protect the coast from erosion or sedimentation.
23rd offshore sewage discharge outfall settings should be consistent with marine functional zoning and marine environmental protection programs must not harm adjacent features. Offshore sewage discharge shall not exceed State or local emission standards.
In the implementation of total quantity control of pollutants discharge waters, shall not exceed the total amount control of pollutants discharge target. Article 24th Marine aquaculture producers should take scientific farming methods, reduction farmed food pollution of the marine environment.
Because of serious damage to marine aquaculture sea pollution or landscape, farmers should be the restoration and renovation.
25th construction units in the offshore mineral exploration and exploitation engineering construction and operation process, should take effective measures to prevent the spread of suspended pollutants range, damage to the marine environment.
26th in the operation of offshore oil and gas exploration and development of mineral resources shall be equipped with oil/water separation facilities, oily water treatment equipment, the oil discharge monitoring equipment, the residual oil and used oil recycling facilities, waste crushing equipment.
Used in offshore oil and gas exploration and exploitation of mineral resources of fixed platforms, mobile platforms, floating storage unit, pipelines and other facilities, shall comply with the leakage, leak-proof, corrosion-resistant requirements; operating units should be checked frequently, to prevent spills.
Referred to in the preceding paragraph fixed platforms and mobile platforms, refers to the offshore oil and gas exploration and exploitation of mineral resources in use drilling ships, drilling platforms, oil platforms and other platforms.
27th marine oil and gas exploration and development of mineral resources unit should handle insurance of civil liability for pollution damage.
28th marine construction process needed to conduct blasting operations at sea, the construction unit shall, before blasting operations report of the Marine Department, Marine Department shall promptly inform the maritime, fisheries and other relevant departments. Offshore blasting operations shall post signs, signals, and take effective measures to protect marine resources.
In important fishing waters by blasting operations or other activities that may cause damage to fisheries resources, should avoid the main economic shrimp spawning period. 29th works need to be removed or converted to other uses of the sea, shall be submitted to the approval of the environmental impact statement of the project's approval of the Marine Department.
After dismantling or change may have a significant environmental impact, environmental impact assessment should be carried out.
Marine project requires disposal at sea shall be dismantled or likely to cause pollution of the marine environment damage affecting part of the exploitation and utilization of marine resources, and in accordance with the relevant provisions of the ocean dumping of waste management.
When marine engineering, the construction unit shall prepare a demolition programme of environmental protection, take the necessary measures to prevent pollution and damage to the marine environment.
Fourth chapter pollutants emissions management 30th article marine oil and gas mineral resources exploration development job in the produced of pollutants of disposal, should comply with following provides: (a) containing oil water shall not directly or by diluted emissions into sea, should by processing meet national about emissions standard Hou again emissions; (ii) plastic products, and residual oil, and waste oil, and oil base mud, and containing oil garbage and other toxic harmful residual liquid residue, shall not directly emissions or abandoned into sea, should concentrated store in specifically container in the, shipped back land processing. 31st strict controls to add oil to the water-based mud, do you want to add, should faithfully record and to the approval of the environmental impact statement of the project's marine authorities report oil type and quantity.
Prohibition of the discharge into the sea of oil has exceeded the national standard of water-based mud and cuttings.
32nd construction units in marine engineering or put into trial operation runs, should faithfully record the pollutant discharge facilities, the operation of processing equipment and the disposition of pollutant emission, and in accordance with the provisions of the State Marine Department regularly to the approval of the environmental impact statement of the project's maritime authorities reported.
The 33rd marine authorities above the county level people's Governments shall, in accordance with their respective authority approved offshore emission type, quantity, according to the State Council Department in charge of price and fees established by the financial Department determine the levy shall pay the amount of sewage charges.
A levy shall be paid to the designated commercial banks from sewage charges.
34th in the operation of offshore oil and gas exploration and development of mineral resources should install pollutant fluxes for automatic control instruments, production room bilge and sewage and sewage discharge measurement.
35th prohibits the discharge of oil into the sea, acid, caustic, toxic waste and high-and intermediate-level radioactive waste; restricted discharge low-level radioactive waste water into the sea, discharge is necessary, shall conform to the national standards for prevention and control of radioactive pollution.
Strict restrictions on emissions of toxic gases into the atmosphere, discharge is necessary, must undergo purification treatment, and shall not exceed the national or local standards; gas emission into the atmosphere of radioactive substances shall meet the national standards for prevention and control of radioactive pollution.
Strictly control the discharge into the sea of easily biodegradable organic compounds and heavy metals wastewater emissions of other pollutants shall conform to the national or local standards. Article 36th marine engineering of sewage charges in full into the budget, the implementation of "two lines of income and expenditure" management, and all specially for marine pollution prevention.
Specific measures formulated by the financial Department of the State Council in conjunction with the national marine authorities.
Fifth chapter pollution accident prevention and processing of the 37th construction units should be enacted before marine engineering was officially put into operation contingency plans for the control of marine pollution damage to the marine environment, the original approval of the environmental impact statement of the project's Marine Department and related departments.
Article 38th emergency plan to combat marine pollution damage to the marine environment should include the following: (a) project and its adjacent waters, environment, resources, (ii) risk analysis for pollution accidents; (c) equipped with emergency facilities; (d) the treatment of pollution accident.
The 39th marine engineering during the construction, operation, due to an accident or other unexpected event, when an accident causing or likely to cause pollution of the marine environment, the construction unit shall immediately to the local people's Governments above the county level may become polluted coastal Ocean competent department or other relevant departments report, and to take effective measures to reduce or eliminate pollution, and communications units and individuals could be compromised. Coastal local people's Governments at or above the county level of the Marine Department or other relevant competent authorities after receiving the report, should be above the county level in a timely manner in accordance with grading of pollution accidents people's Governments and relevant departments report.
The people's Government above the county level and the relevant competent authorities shall, in accordance with their respective responsibilities and immediately sent to the scene, to take effective measures to eliminate or reduce hazards, to investigate the pollution incident.
The 40th marine construction activities in the marine nature reserve, shall be executed in accordance with the relevant provisions of the marine nature reserve.
Sixth chapter, supervision and inspection of the 41st people's Governments above the county level of the Marine Department is responsible for prevention and control of marine pollution damage to the marine environment supervision and inspection, for acts in violation of marine pollution prevention laws and regulations in the investigation.
Marine authorities of the people's Governments above the county level supervisory and inspective personnel shall be strictly in accordance with laws, regulations, procedures and authorities conduct supervision and inspection.
42nd article County above Government marine competent sector law on marine engineering for site check Shi, right to take following measures: (a) requirements was check units or personal provides and environmental protection about of file, and documents, and data and technology information,, for check out or copy; (ii) requirements was check units head or related personnel on about problem made description; (three) into was check units of work site for monitoring, and exploration, and sampling test, and photo, and camera;
(D) check the installation, operation of environmental protection facilities, installations and equipment; (v) order the offender to stop illegal activities of survey processing; (f) require the offender to take effective measures to prevent the pollution situation. 43rd marine authorities of the people's Governments above the county level shall supervise and inspect personnel on-site law enforcement inspection, shall produce their provisions of law enforcement certificates.
For the inspection of law enforcement, patrol monitoring of business aircraft, ships and vehicles should be obvious signs of law enforcement.
44th the inspected unit and individual shall provide materials, and may not refuse or hinder supervision and inspection personnel performing official business according to law.
Units and individuals to the work of supervision and inspection departments shall cooperate.
45th marine authorities above the county level people's Government of violating the marine pollution prevention laws and regulations, shall make a decision of administrative handling relevant maritime authority shall make a decision of administrative handling, superior marine authorities have the right to order it shall make a decision of administrative handling or directly make a decision of administrative handling.
Seventh chapter legal responsibility 46th article construction units violation this Ordinance provides, has following behavior one of of, by is responsible for approved the engineering environment effect report book of marine competent sector ordered stop construction, and run, deadline replacement procedures, and at 50,000 yuan above 200,000 yuan following of fine: (a) environment effect report book without approved, unauthorized starts construction of; (ii) marine engineering environmental protection facilities not application acceptance or experience received not qualified that input run of.
47th article construction units violation this Ordinance provides, has following behavior one of of, by original approved the engineering environment effect report book of marine competent sector ordered stop construction, and run, deadline replacement procedures, and at 50,000 yuan above 200,000 yuan following of fine: (a) marine engineering of nature, and scale, and locations, and production process or intends take of environmental protection measures occurred major change, not again prepared environment effect report books original approved the engineering environment effect report book of marine competent sector approved of;
(Ii) since environment effect report book approved of day up over 5 years, marine engineering party starts construction, its environment effect report book not again reported original approved the engineering environment effect report book of marine competent sector approved of; (three) marine engineering need demolition or modified for he available, not reported original approved the engineering environment effect report book of marine competent sector approved or not by requirements for environment effect evaluation of.
48th article construction units violation this Ordinance provides, has following behavior one of of, by original approved the engineering environment effect report book of marine competent sector ordered deadline corrected; late not corrected of, ordered stop run, and at 10,000 yuan above 100,000 yuan following of fine: (a) unauthorized demolition or idle environmental protection facilities of; (ii) not in provides time within for environment effect Hou evaluation or not by requirements take rectification measures of.
49th article construction units violation this Ordinance provides, has following behavior one of of, by County above Government marine competent sector ordered stop construction, and run, deadline recovery undisturbed; late not recovery undisturbed of, marine competent sector can specified has corresponding qualification of units on behalf of recovery undisturbed, by needed costs by units bear, and at recovery undisturbed by needed costs 1 time times above twice times following of fine: (a) caused territorial waters basis points and around environment was erosion, and deposition or damage of;
(B) in violation of regulations in the marine nature reserve of marine construction activities.
50th article construction units violation this Ordinance provides, in surrounding fill sea engineering in the using of fill material not meet about environmental protection standard of, by County above Government marine competent sector ordered deadline corrected; late not corrected of, ordered stop construction, and run, and at 50,000 yuan above 200,000 yuan following of fine; caused marine pollution accident, directly is responsible for of competent personnel and other directly responsibility personnel constitute crime of, law held criminal.
51st article construction units violation this Ordinance provides, has following behavior one of of, by original approved the engineering environment effect report book of marine competent sector ordered deadline corrected; late not corrected of, at 10,000 yuan above 50,000 yuan following of fine: (a) not by provides report pollutants emissions facilities, and processing equipment of running situation or pollutants of emissions, and disposal situation of; (ii) not by provides report its to water base mud in the added oil of type and number of;
(C) not complying with the provisions to combat marine pollution damage to the marine environment of emergency plans for the record, (iv) report of the blasting operations at sea without complying with the provisions of the Marine Department; (v) when conducting blasting operations at sea and not complying with the requirement of a clear sign, signal.
52nd construction violates the provisions of this Ordinance, when conducting blasting operations at sea failed to take effective measures to protect marine resources, by the marine authorities shall order correction within the people's Governments above the county level; it fails to mend, fined not more than between 100,000 yuan and 10,000 yuan.
Units violating the provisions of this Ordinance, in important fishing waters by blasting or other jobs that may cause damage to fisheries resources, did not avoid the main economic shrimp spawning period, the people's Governments above the county level authorities warning of the sea, shall be ordered to stop operations, and fines of between 50,000 yuan and 200,000 yuan. 53rd article marine oil and gas mineral resources exploration development units violation this Ordinance provides to marine emissions containing oil water, or will plastic products, and residual oil, and waste oil, and oil base mud, and containing oil garbage and other toxic harmful residual liquid residue directly emissions or abandoned into sea of, by national marine competent sector or its sent institutions ordered deadline cleanup, and at 20,000 yuan above 200,000 yuan following of fine; late not cleanup of, national marine competent sector or its sent institutions can specified has corresponding qualification of units on behalf of cleanup,
Costs borne by the offshore oil and gas exploration and development of mineral resources causing marine pollution accidents, directly responsible person in charge and other direct liable persons constitutes a crime, criminal responsibility shall be investigated according to law.
54th marine farmers not complying with the provisions adopting scientific farming methods, and serious marine pollution to the marine environment or landscape, by the marine authorities shall order correction within the people's Governments above the county level; it fails, to order the cessation of farming activities, and clean up pollution or ocean landscape restoration costs more than 1 time fined not more than twice.
55th article of units not complying with the provisions of this Ordinance to pay sewage charges, paid by the marine authorities ordered the people's Governments above the county level; refusing to pay overdue and needed to pay sewage charges by more than twice times the amount fined not more than 3 times. 56th in violation of the provisions of this Ordinance, marine pollution damage to the environment, should eliminate those responsible and compensate for the damage.
Entirely due to the intentional or negligent damage caused pollution of the marine environment, to eliminate it by a third party, liability.
Violation of the provisions of this Ordinance, marine pollution accidents, directly responsible person in charge and other direct liable persons constitutes a crime, criminal responsibility shall be investigated according to law.
57th article marine competent sector of staff violation this Ordinance provides, has following case one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) not by provides approved marine engineering environment effect report book of; (ii) not by provides acceptance environmental protection facilities of; (three) not by provides on marine pollution accident for report and survey processing of; (four) not by provides levy sewage fee of; (five) not by provides for supervision check of.
Eighth chapter supplementary articles article 58th of ship pollution prevention and control in accordance with the relevant State laws and administrative rules and regulations. 59th article of the regulations come into force on November 1, 2006.

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