Environmental Emergencies Contingency Management Approaches

Original Language Title: 突发环境事件应急管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201506/20150600399252.shtml

People's Republic of China Ministry of environmental protection, 34th

The environmental emergency regulations on March 19, 2015, adopted by the ministerial meetings of the Department of environmental protection, are hereby promulgated and, as of June 5, 2015.
  Minister Chen Jining
  April 16, 2015 environmental emergency management

First chapter General first article for prevention and reduced burst environment event of occurred, control, and reduce and elimination burst environment event caused of against, specification burst environment event emergency management work, guarantees public life security, and environment security and property security, according to People's Republic of China environmental protection method People's Republic of China burst event should method national burst environment event emergency plans and the related legal regulations, developed this approach.

Second level environmental protection departments environmental emergencies of enterprises and institutions and organizations risk control, emergency preparedness, emergency response, recovery work, these measures shall apply.

This approach by said burst environment event, is refers to due to pollutants emissions or natural disasters, and production security accident, factors, led to pollutants or radioactive material, toxic harmful material into atmosphere, and water, and soil, environment media, suddenly caused or may caused environment quality declined, endanger public body health and property security, or caused ecological environment damage, or caused major social effect, need take emergency be should of event.

Severity of environmental emergencies by event, classified as particularly significant, major, higher and ordinary levels. Nuclear facilities and other related activities of nuclear and radiation accidents caused by radiation contamination by nuclear radiation-related provisions.

Heavy pollution weather response in accordance with the relevant provisions of the plan of action for the prevention of air pollution.

International environmental impact environmental emergencies of international emergency notification and disposal, in accordance with the relevant provisions of international cooperation.

Article environmental emergency management insisted on putting prevention first and combining prevention and emergency principle.

Article fourth of environmental emergencies, should, under the unified leadership of the local people's Governments at or above the county level, establishment of classification management, classification and territorial management of emergency response management system.

Environmental protection departments above the county level should, under the unified leadership of the people's Governments at the corresponding levels, to supervise and administer the environmental emergency management work, mentoring, assisting and supervising lower level people's Governments and relevant departments of environmental emergencies response.

Fifth local environmental protection departments at and above the county level shall be in accordance with the requirements of the people's Governments at the corresponding level, jointly with relevant departments to establish a sound emergency response mechanism for environment emergencies, strengthening environmental emergency management.

Local environmental protection authorities in adjacent areas should cooperate across boundaries for environmental emergency and preparedness, information exchange and cooperation for dealing with environmental emergencies.

Article sixth enterprises and institutions shall, in accordance with the requirements of the relevant laws, regulations and standards, comply with the following obligations:

(A) risk assessment of environmental emergencies;

(B) measures to improve risk prevention and control of environmental emergencies;

(C) screening, control, environmental security risks;

(D) develop environmental emergency plan and for the record, walkthroughs;

(E) strengthening environmental emergency response support.

Or may occur when environmental emergencies occur, enterprises and institutions shall be dealt with according to law, and take responsibility for the damage caused by.

Article seventh environmental protection departments, enterprises and institutions should strengthen the publicity and education of environmental emergency management, to encourage public participation, enhancing knowledge and awareness to prevent and respond to environmental emergencies.
  Chapter II risk control

Article eighth enterprises and institutions shall, in accordance with the relevant provisions of the Environmental Protection Department under the State Council to carry out risk assessment of environmental emergencies, environmental risk prevention and environmental safety screening, control measures.

Nineth enterprises and institutions shall, in accordance with the environmental protection authorities of the relevant requirements and specifications, and improve risk prevention and control measures of environmental emergencies.

Environmental emergencies referred to in the preceding paragraph risk prevention measures should include effective prevention of leakage of substances, fire, pollution, rain, spread to the outdoor environment of collection, diversion, block, measures such as reducing pollution.

Enterprises and institutions shall, in accordance with the relevant provisions of article tenth establish and improve environmental safety hidden danger management system, establishment of troubleshooting, management files, to detect and eliminate environmental security risks. Found immediately after treatment of environmental security risks, enterprises and institutions shall take immediate measures to eliminate environmental security risks.

For complex and difficult in the short term management, environmental security risks that may have a greater environmental risk, should develop a risk management plan, implementation of corrective actions, responsibilities, funding, time and on-site emergency plans, to eliminate hidden perils.

11th local environmental protection departments at and above the county level shall be in accordance with uniform requirements for the people's Governments at the corresponding level, the administrative area of risk assessment of environmental emergencies, analysis of possible environmental emergencies, improve the ability of regional environmental risk prevention.

12th local environmental protection departments of enterprises and institutions should be at or above the county level environmental risk prevention and environmental safety screening, control the conduct of inspections or spot checks, there are significant environmental safety concerns and poor management of enterprise information into social credit file, and can inform the competent departments in charge of industry, investment sector and securities regulatory agencies, as well as the relevant financial institutions.
  Chapter III emergency preparedness

13th enterprises and institutions shall, in accordance with the provisions of the Environmental Protection Department under the State Council, in carrying out the environmental risk assessment and emergency response resources developed on the basis of environmental emergency plans, and in accordance with the principles of classification and management, environmental protection departments above the county level.

14th local environmental protection departments at and above the county level should be under the people's Governments at the corresponding level special contingency plans for environmental emergencies, formulate contingency plans in this sector, the people's Governments at the corresponding level and superior environmental protection departments.

15th environmental emergency planning unit should conduct emergency drills on a regular basis, writing exercises evaluation report, analyze problems, and according to the walkthrough revise and improve contingency plans in a timely manner.

16th environmental pollution may affect public health and environmental safety, local environmental protection departments at and above the county level may propose that the people's Government announced public environmental pollution monitoring and early-warning information in a timely manner in accordance with law, emergency measures.

Article 17th local environmental protection departments at and above the county level administrative region environmental emergencies information collection system should be established, through the "12369" environmental protection hotline, the news media and other various means to collect information of environmental emergencies, and to strengthen cross-regional, cross-sectoral environmental emergencies information exchanges and cooperation.

18th local environmental protection departments above the county level shall establish and improve the system of environmental emergency duty to determine emergency duty and emergency response co-ordinators and reported to their superiors, Head Department of environmental protection.

19th enterprises and institutions should be environmental emergency training in the unit work plans, periodic environmental emergency for practitioners knowledge and skills training, and establish a training file record information such as the time and content of the training, participants.

20th environmental protection departments above the county level should be regularly engaged in environmental emergency management personnel training.

Provincial environmental protection authorities as well as the conditions of city and county environmental protection departments should set up emergency experts.

Above the county level environmental protection departments, enterprises and institutions shall capacity-building for strengthening environmental emergency response and rescue.

21st local environmental protection departments at and above the county level shall strengthen the standardization construction of environmental emergency response, with emergency monitoring instruments and equipment, improving key areas of water, air warning of environmental emergency capacity.

22nd can local environmental protection departments at and above the county level shall be based on the administrative situation, establishing environmental emergency reserve database, conditional region may set up emergency stocks.

Enterprises and institutions shall reserve the necessary environmental emergency response equipment and supplies, and establish a sound management system.
  The fourth chapter emergency

23rd enterprise or institution has caused or threatens to cause sudden environmental events, should immediately start environmental emergency plans, cut off or control pollution as well as other necessary measures of preventing harm, units and residents informed in a timely manner may be compromised, and report to the environmental protection departments above the county level, for investigation and settlement.

During the emergency, enterprises and institutions shall, subject to the unified command, comprehensively and accurately provide the units and emergency-related technical information, and help to maintain emergency order, evidence relating to protection and environmental emergencies.

Article 24th informed environmental emergencies information, incident to local environmental protection departments at and above the county level shall be in accordance with the provisions of the information reporting of environmental emergencies timeframes, procedures and requirements, reporting to departments of people's Governments at the same level and superior environmental protection.

25th environmental emergencies has been or is likely to involve the adjacent administrative areas, shall promptly inform the competent Department of environmental protection where the incident occurred adjacent to the regional environmental protection departments at the same level and reported to the people's Government of the people's Governments at the corresponding level to the adjacent region of recommendations.

26th learn environmental emergencies information, local environmental protection departments at and above the county level shall immediately organize the investigation of pollution, initially identifying the time and place of the incident, reason, contaminated materials and quantity, around environmentally sensitive areas, and so on.

27th informed environmental emergencies information, local environmental protection departments at and above the county level shall be in accordance with the technical specifications of emergency monitoring of environmental emergencies contingency monitoring, timely reporting to departments of the people's Governments at the corresponding level and superior environmental protection monitoring results.

28th during the emergency, incident to local environmental protection departments at and above the county level shall organize event information analysis, assessment, emergency programmes and recommendations made by the people's Governments at the corresponding level.
29th environmental threats and hazards are controlled or eliminated, incident to local environmental protection departments at and above the county level shall, in accordance with the unified plan of the people's Governments at the corresponding level, end to emergency measures.

Fifth chapter after recovery

Article 30th after the end of the emergency, local environmental protection departments at and above the county level shall, without delay, evaluate emergency response work, improvement measures and report to the superior the competent Department of environmental protection.

31st local environmental protection departments at and above the county level should be under the unified plan of the people's Governments at the corresponding level, organization of environmental emergencies environmental impact and loss assessment, and shall be reported to the relevant people's Government.

32nd environmental protection departments above the county level shall, in accordance with the relevant provisions to carry out investigations, to identify environmental causes, confirm the nature of the incident, found responsible, propose corrective actions and comments.

33rd local environmental protection departments at and above the county level should be under the unified leadership of the people's Governments at the corresponding level, involved in the development of environmental rehabilitation programmes, promote the environmental restoration work.
  The sixth chapter information

Enterprises and institutions shall, in accordance with the relevant provisions of article 34th, known to the public and the public work environment and risk prevention of the entity in the form of a query, and environmental emergency plans and drills, environmental emergencies and disposal, as well as implementation of corrective action requests, such as environmental information. 35th environmental emergencies occurred, local environmental protection departments at and above the county level should be carefully judged events and timely information release recommendations to the the people's Governments at the corresponding level.

Carry out leadership duties or organizing people's Governments respond to emergencies, shall, in accordance with the relevant provisions of unified, accurate and timely dissemination of information on developments in the incident and emergency handling.

Article 36th environmental protection departments above the county level shall, within the terms of reference to the general public about environmental emergency management rules and requirements, and environmental emergency plans and drills, such as environmental information.

Local environmental protection departments at and above the county level shall, within their respective administrative areas of environmental emergencies and summarized and analyzed regularly to the public the number of environmental accidents, levels, as well as the time and place of the incident, emergency and other information.
  The seventh chapter penalty

37th enterprises and institutions violating these rules, resulting in environmental emergencies, People's Republic of China emergency response Act of People's Republic of China water pollution prevention and Control Act of People's Republic of China air pollution prevention and Control Act of People's Republic of China Law on prevention and control of environmental pollution by solid wastes and other laws and regulations on penalties, in accordance with the relevant laws and regulations.

Large, significant and particularly serious environmental incidents, enterprise or institution is not required to perform shutdown, disable row measures continue to violate laws and regulations, emission, emission of pollutants caused by environmental protection departments shall in accordance with the facilities, equipment, sealing up, distraining.

Article 38th of enterprises and institutions in the following circumstances, by environmental protection departments above the county level shall be ordered to correct, may be fined a maximum of 10,000 yuan and 30,000 Yuan:

(A) is not required to carry out risk assessment of environmental emergencies, and to determine risk levels;

(B) in accordance with stipulations for environmental security troubleshooting, management, establishment of troubleshooting, control files;

(C) not complying with the provisions of the environmental emergency plan for the record;

(D) does not develop environmental emergency training record of training;

(E) is not in accordance with the regulations reserving the necessary emergency equipment and supplies;

(Vi) not required of public environmental information related to the event.
  The eighth chapter by-laws

39th interpret these measures shall be formulated by the competent Department of environmental protection.



40th article this way since June 5, 2015.