Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201311/20131100393685.shtml
Gansu province environmental protection regulatory responsibilities under
(August 2, 2013 the 18th Executive meeting of the people's Government of Gansu province to consider August 7, 2013 101th promulgated by the people's Government of Gansu province as of October 1, 2013) Chapter I General provisions
The first responsibility for the implementation of environmental protection, in accordance with the People's Republic of China environmental protection law and the Gansu environmental protection law and other relevant laws and regulations, combined with the facts of the province, these provisions are formulated. II environmental protection Administrative Department of the people's Governments above the county level shall exercise unified supervision and administration over environmental protection in their respective administrative areas.
Relevant departments under the people's Governments above the county level to supervise environmental protection work within the scope of their respective duties.
Article as the subject of responsibility for environmental protection work of enterprises and institutions, responsible for its pollution and damage to the environment.
Article fourth adhere to prevention, planning and integrated management of environmental protection policy, for who develops protection, who will compensate, polluter pays.
Chapter II the Government function
Fifth people's Governments above the county level responsible for the environmental quality of the Administration, is mainly responsible for the following duties:
(A) the integration of environmental protection into national economic and social development plan and annual plan.
(B) developing and implementing economic and technical policies and measures conducive to environmental protection.
(C) the Organization of environmental protection infrastructure construction and environmental remediation.
(D) serious pollution to the environment, to take timely and effective measures to eliminate, mitigate hazards.
(E) treatment of environmental pollution accidents, establish and improve the mechanism of environment emergency, improving capacity to respond to environmental emergencies.
(F) to protect and improve the environment have made significant achievements and personal awards.
Sixth Township people's Governments and subdistrict offices should supervise the production and business operation entities implement the people's Governments and relevant departments to make environmental decisions; assist in troubleshooting the higher levels of Government and Government-related sector environmental accidents, the Suppression of violations of environmental protection.
Chapter III responsibilities of departments
Seventh environmental protection authorities, undertake the following responsibilities:
(A) establishing and perfecting the system of environmental protection regulations.
(B) the supervision and assessment of target responsibility system for environmental protection.
(C) the respective administrative regions total quantity control of pollutants.
(D) organizing document of planning environmental impact assessment review, review comments and recommendations approved the construction project environmental impact assessment documents and organizing acceptance of environmental protection facilities.
(E) Guide and coordinate environmental emergency rescue to investigate and deal with disputes of environmental pollution, and assisting local governments to deal with environmental pollution accidents.
(Vi) is responsible for the construction and management of environment monitoring network and environment information network; responsible for environmental quality monitoring, environment monitoring, pollution source monitoring monitoring and emergency environmental monitoring organized presentation of environmental quality report and Yearbook, published environmental quality Communique.
(VII) is responsible for the issuance of motor vehicle inspection of environmental protection and environmental protection marks.
(VIII) regulatory emission behavior of enterprises and institutions, and environmental violations; organization of environmental protection law enforcement inspection activities law to levy the sewage charges.
(I) is responsible for the electromagnetic radiation pollution, radioactive isotope and radiation-emitting devices for supervision and management of radioactive contamination.
(10) is responsible for the integrated management of nature reserves and ecological environment supervision and management.
(11) organizing environmental protection science and technology development, scientific research and technology demonstration project; guide and promote the development of environmental protection industries; organization of advanced and applicable technologies of environmental protection and equipment application.
(12) the cooperation and exchange between domestic and international environmental protection.
Article development and reform Department assume the following responsibilities:
(A) the proposed protection of national economic development, price control and balance, optimizing the economic structure and policies.
(B) the environmental impact evaluation of construction project approval document is not provided, not for approval, approval and filing procedures.
(C) is responsible for the implementation of the policy of differential pricing, urban sewage and garbage treatment fee charging policy and is conducive to environmental protection and ecological compensation price policy, establish environmental pricing systems.
(Iv) is responsible for the integrated and coordinated work of energy saving and emission reduction, organization promoting energy saving work, coordinating and promoting clean production, with the development and implementation of total quantity control of pollutants the environmental protection sector.
Nineth Department of industry and information of the following duties:
(A) the environmental impact evaluation of construction project approval document is not provided, not for approval, approval and filing procedures.
(B) implementation of environmental protection policies, urged industrial enterprises to implement the guidance system related to environmental protection, promote the enterprise energy saving and cooperate with related departments do the clean production work, and urge enterprises to carry out technological transformation.
(C) assist in the development and implementation of total quantity control of pollutants the environmental protection sector plans, monitoring the implementation of plans and measures of industrial structure adjustment.
Tenth Department of housing and urban-rural construction of the following duties:
(A) the environmental impact evaluation of construction project approval document is not provided, shall not be authorised; unqualified acceptance of environmental protection facilities and construction projects, not for acceptance record.
(B) the supervision and management of municipal solid waste cleaning and collection, transport and processing.
(C) construction of urban sewage and garbage treatment facilities within their respective administrative areas planning; responsible for supervision of the sewage and garbage treatment facilities built; a guide to promote the urban rainwater and sewage shunting works, transforming urban wastewater collection systems, improve the collection rate.
(D) with the Environmental Protection Department and make the building site construction dust and noise pollution prevention and treatment, within the built-up dust pollution, incinerators and other waste products of smoke pollution and coal-smoke pollution supervision and management.
11th public security departments to undertake the following responsibilities:
(A) is responsible for the safety management of dangerous chemicals in public; the issuance of highly toxic chemicals purchase permits, road transportation of highly toxic chemicals passes, and is responsible for road traffic safety management of dangerous chemical transportation vehicle.
(B) is responsible for the supervision of the safety of transport of radioactive materials, security and road management; participation in radioactive sources of radioactive pollution incident response.
(C) assist the environmental protection departments of motor vehicle exhaust pollution in supervision and management.
(D) cooperate with the Environmental Protection Department proper disposal due to fire, explosion and leakage accidents caused by environmental emergencies.
12th financial sector bear the following responsibilities: (a) integrating environmental protection and regulatory requirements.
(B) arrange special funds for environmental protection system.
(C) the organizations to research and implement fiscal policies conducive to environmental protection.
13th Department of land and resources of the following duties:
(A) does not provide approval documents for environmental impact assessment of mineral resources mining project, and not approve any mining rights.
(B) responsible for supervising the rehabilitation of mine geology environment management, prevention of geological disasters.
(C) responsible for the protection and monitoring of the nature reserve administration.
14th transportation departments assume the following responsibilities:
(A) shall supervise and administer the environmental pollution by motor vehicles and vessels.
(B) responsible for dangerous chemicals road transport, sea transport permit and transportation safety management; waterway transportation safety supervision of dangerous chemicals and prevent environmental pollution by hazardous chemicals.
15th water Department assume the following responsibilities:
(A) is responsible for the prevention and control of soil erosion.
(B) is responsible for the production of construction project supervision and management of soil and water conservation; responsible for production and construction projects of soil and water conservation plan approval and acceptance work of soil and water conservation facilities.
16th agricultural sector assume the following responsibilities:
(A) is responsible for the basic farmland pollution prevention research, technology promotion, awareness training, and regulatory; promote scientific fertilizer, pesticide and plastic film recycling technology, prevention and control of soil pollution.
(B) the scale livestock is responsible for environmental pollution prevention and treatment work, organizing the implementation of livestock and energy saving and emission reduction projects.
(C) is responsible for the supervision and management of agricultural eco-environmental protection.
(D) cooperate with the Environmental Protection Department to investigate and deal with the agricultural environment pollution accident.
(V) is responsible for governance of agricultural non-point source pollution; to promote agricultural production and resource utilization of waste, and implement rural clean water projects, the aquatic wildlife protection management according to law.
Article 17th forestry sector assume the following responsibilities:
(A) is responsible for organizing the preparation of forestry eco-environment protection and construction planning.
(B) responsible for the protection and restoration of forests, wetlands, and sandy soil typical of areas, rare and endangered wildlife concentration areas, headwaters, sandstorm source of ecologically fragile areas, such as the ecological environment.
(C) responsible for the ecological environment protection and construction of forest products.
(D) supervise afforestation plan formulation, supervision and construction of ecological public welfare forest and protecting.
18th health sector assume the following responsibilities:
(A) to assist the Environmental Protection Department of medical waste collection, transportation, storage and treatment of environmental pollution prevention and control in the process; to supervision and administration of medical wastewater treatment works.
(B) cooperate with environmental protection departments in medical and health institutions of nuclear and radiation facilities management; participation in radioactive sources of radioactive pollution accident emergency work; responsible for radioactive sources of radioactive pollution accident medical emergency.
19th supervisory departments assume the following responsibilities:
(A) is responsible for the level of government departments concerned, the lower level people's Governments and their staff carrying out supervision of environmental protection responsibilities.
(B) in conjunction with the Department of environmental protection to their superiors and deploy the people's Governments at the corresponding level of major environmental protection work inspection and assessment.
(C) investigate and punish violations of environmental protection work.
20th State-owned assets supervision and administration institutions to assume the following responsibilities:
(A) urge State-funded enterprises in implementing environmental protection work, head of environment into corporate performance evaluation and linked with the heads of enterprise compensation management.
(B) participation in national environmental protection work of the enterprises funded by the inspection, supervision and urge the implementation of environmental protection and pollution control measures.
21st production safety supervision and management departments to assume the following responsibilities:
(A) is responsible for the production of dangerous chemicals, operating unit of comprehensive supervision and administration of production safety.
(B) investigate and punish dangerous chemical production enterprise acts in violation of work safety laws and regulations to prevent safety accidents caused by environmental pollution.
(C) responsible for mine safety supervision for tailing, excluding environmental security risks in a timely manner.
22nd statistical offices undertake the following responsibilities:
(A) is responsible for environmental protection-related data into statistical index system of national economy and social development, and publishing.
(B) is responsible for providing environmental protection system needs energy, statistical indicators for national economic and social development, and provide the basis for assessment.
23rd railway departments assume the following responsibilities:
(A) railway locomotive when passing through or into the city urban areas, sanitariums, and should be used in accordance with the provisions of sound device.
(B) prevention and reduction of environmental noise, electromagnetic pollution responsible for railway transport of waste water, waste gas, solid waste pollution prevention.
Article 24th power regulators to assume the following responsibilities:
(A) to stop illegal enterprises, power rationing measures on the environment.
(B) urge the transmission enterprise implementation of power transmission and transformation project electromagnetic radiation pollution prevention measures.
(C) cooperate with the Environmental Protection Department on environmental accidents of electric power enterprises in the investigation.
25th other relevant sectors within the scope of their respective duties to supervise environmental protection work.
Enterprises and institutions the fourth chapter responsibilities
26th enterprises and institutions should improve the environmental management system, setting up environmental management agency, equipped with environmental protection managers, public environmental information.
27th enterprises and institutions should develop plans on environmental protection, clean production, increase investment in environmental protection, and raise the level of production technology and environmental protection facilities, reduce pollutants and emissions standards.
28th enterprises and institutions shall, in construction, production and operation activities, strict implementation of the relevant provisions of the environmental protection; requires administrative licensing matters, it shall be for the administrative licensing procedures.
29th enterprises and institutions are responsible for the environmental monitoring equipment, facility up and running, with the Environmental Protection Department on environmental site surveillance.
The fifth chapter of emergency management
30th and above the county level people's Governments and relevant departments should be collected and reported environmental emergencies information timely analysis and judgment and higher authorities in a timely manner in accordance with the relevant provisions and, if necessary, can leapfrog report.
Enterprises and institutions shall, in accordance with article 31st environmental emergency management, including:
(A) develop environmental emergency plans, the Environmental Protection Department.
(B) strengthening the emergency response system, implement troubleshooting, management, environmental emergency management, contingency reserve and emergency drills are regularly organized.
(C) emergency Preplan for environmental publicity and education, universal access to prevention of environmental emergencies, safe haven, self-help, mutual help and response knowledge to improve employee awareness of environmental safety and emergency handling skills.
(D) to register with the local environmental protection authorities declared easily lead to sources of risks of environmental emergencies.
32nd above county level people's Governments and relevant departments shall, in accordance with their respective responsibilities for prevention of environmental emergencies, including:
(A) census of pollution sources, master sources, types and distribution of the administrative regions.
(B) forecasting, analysis and risk assessment of environmental emergencies and improve various types of environmental emergencies contingency plan.
(C) coordination relating to environmental emergencies and other unexpected public incidents prevention and response measures to prevent other public emergencies derived or caused by improper disposal of environmental events.
(D) arrangements to deal with environmental emergencies the purchase of necessary equipment and infrastructure, rational determination of emergency shelters and conspicuous logo and guiding figure.
(E) scientific research and strengthening environmental emergency response command platform building.
Article 33rd environmental event is about to occur or the likelihood of increases, people's Governments and relevant departments should take the following measures:
(A) a warning notice, declare a warning and warning notices and information submitted to the higher level people's Government and the provincial environmental protection department.
(B) to immediately start emergency plans to organize emergency rescue teams enter the standby state, and mobilized reservists to participate in emergency rescue and treatment work of preparation.
(C) organize the relevant departments and agencies, professional and technical personnel and experts, analytical assessment of emergency information at any time, predicting the size, scope and intensity of environmental emergencies.
(D) environmental emergencies related to the issue to the community with the public forecast information and assessment results, and publicity to avoid and mitigate the hazards of common sense, published a consultation call. (E) mobilizing environmental emergency supplies and equipment required, and emergency support.
To take early warning measures covered by enterprises, institutions and individuals, should be in accordance with the relevant legal obligations corresponding environmental emergency regulations.
Article 34th after environmental incidents, incident, people's Governments and relevant departments should take the following emergency measures:
(A) to immediately start environmental emergency plans, as required reports to the local governments and related departments.
(B) in response to the report or after learning of the situation, incident, government departments should be sent immediately and emergency rescue teams rushed to the scene, quickly dispose of work carried out.
(C) provides for the establishment of environmental emergency field headquarters, is responsible for coordinating environmental emergencies emergency work.
(D) the Environmental Protection Department shall, in accordance with the provisions immediately for environment emergency monitoring, timely and accurate environmental developments and related data, providing technical support to environmental emergencies emergency decision.
(E) against environmental emergencies may cause harm, closed, isolation or restriction of the use of the site, stop can result in harm to expand behavior and activities. (Vi) Organization relating to environmental emergencies caused by expert scientific assessment of the environmental damage, development benefits, compensation, pension, resettlement and environmental rehabilitation and other remedial action plans, and their implementation.
Enterprises and institutions directly responsible shall be ordered to repair the damaged environment.
Sixth chapter responsibility to implement safeguard measures
35th people's Governments above the county level and the relevant departments, enterprises and institutions in charge of overall leadership responsibility for environmental protection work; in charge of environmental protection officials directly responsible for environmental protection.
36th people's Governments above the county level shall make their respective administrative areas environmental protection objectives and the people's Governments at the corresponding level sector and lower level people's governments issuing annual environmental protection goals, goal tasks into leading bodies and leading cadres appraisal system.
37th people's Governments at all levels and relevant departments should establish significant pollution source monitoring system, establishing key pollution sources database, there are significant environmental pollution risk supervision and inspection of the production and business operation entities and major pollution sources database information, regularly organized experts to conduct comprehensive analysis and assessment of the State of key pollution sources, urged the production and business operation entities to adopt effective measures for preventing and monitoring. 38th levels of people's Governments and relevant departments should establish environmental risk screening, control, supervision and inspection system, strengthen supervision and inspection of production and business operation entity governance in environmental pollution hazard hunt.
Tone of supervision imposed on major pollution hazards, relevant departments shall issue instructions of rectification, supervise the production and business operation entities to develop action plans; after refusing to execute orders of rectification or improvement is still not up to the requirements of relevant departments shall take measures, in the investigation. 39th relevant departments shall establish environmental pollution problems and reporting system of receiving and investigating violations of environmental protection, public telephone, email or other means of reporting.
Before the tipoff should organize investigation and verification, and in accordance with the regulations. 40th levels of people's Governments and relevant departments should strengthen the construction of environmental emergency response and rescue team, according to environmental levels start the appropriate emergency plans in a timely manner, organize environmental emergency investigation and disposal, solve the major problems encountered in the emergency, rehabilitation and higher people's Governments and departments responsible for the supervision and administration of environmental protection progress report environmental emergencies emergency rescue.
In accordance with the provisions in the report or in the report the fraud, or do not take the necessary emergency measures in accordance with law, prevarication or delay to take emergency measures, resulting in event of extended or delayed event handling, the directly responsible shall be investigated in accordance with the relevant provisions in the investigation.
The seventh chapter by-laws 41st these provisions come into force on October 1, 2013.
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