Administrative Measures For Controlling Dust Pollution In Shandong Province

Original Language Title: 山东省扬尘污染防治管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369073.shtml

Administrative measures for controlling dust pollution in Shandong province

    (December 27, 2011 the 115th meeting of the people's Government of Shandong province considered by people's Government of Shandong province, on January 4, 2012 to No. 248, published since March 1, 2012) first to prevent dust pollution, protect and improve the air quality, safeguard human health, according to the People's Republic of China air pollution prevention law and other laws and regulations, combined with the facts of the province, these measures are formulated.

Second article this regulation is applicable in the province within the administrative area of dust pollution prevention and management activities.

    These measures and exalt dust pollution, refers to the construction, demolition, road cleaning, transport and storage of materials, gravel soil, conservation of greening activities, such as loose particles on atmospheric environment and adverse human health impacts.

    Third people's Governments above the county level shall be dust pollution prevention into their environmental protection plan and the target responsibility system for environmental protection, set up environmental protection, housing and urban-rural construction, urban management, transport, water conservancy, forestry, and other departments to participate in the joint meeting of the price system, study and formulate relevant policies and measures to protect and improve the air quality.

Fourth environmental protection Administrative Department of the people's Governments above the county level shall be responsible for the dust pollution combating exercise unified supervision and management in the administrative area.

    Housing and urban-rural construction, urban management, transport, water conservancy, forestry, price and other departments according to their respective responsibilities to relevant work on prevention and control of dust pollution.

Fifth article of any units and individuals have the obligation to prevent dust pollution, have the right to cause dust pollution reporting units and individuals.

    Protection of the environment, housing and urban-rural construction, urban management sectors and dust pollution complaint reporting system should be established, accepted in a timely manner to complaints and reports of dust pollution, and dealt with according to law.

    Sixth environmental protection Administrative Department of the people's Governments above the county level shall, together with the housing and urban-rural construction, urban management, transport, water conservancy, Forestry Department of dust pollution prevention implementation plans submitted to the people's Governments at the corresponding level for approval.

    Article seventh environmental protection Administrative Department of the people's Governments above the county level should establish dust pollution monitoring system, establishment of dust pollution monitoring network, to strengthen the concentration of atmospheric particles and road dust load monitoring, dust pollution status of environment information published on a regular basis.

Article eighth unit may generate dust contamination, dust pollution prevention responsibility system should be established and measures meet the State standards. 

    Employer and construction signed a construction contract, responsibility should clear dust pollution control of construction units, dust pollution control costs included in the project budget.

Nineth construction approval of the construction project environmental impact assessment document should include prevention of dust pollution.

    May cause dust pollution, without obtaining the approval of environmental impact assessment of construction projects, the project examination and approval Department shall not approve its construction, the construction unit shall not commence construction.

    Tenth dust pollution control construction supervising units shall be included in the project overseeing regulation, found that dust pollution, and construction units should be required to immediately correct, and promptly report to the employer and the relevant administrative departments.

11th article engineering construction units should established Yang dust pollution control accountability, take cover, and surrounding block, and closed, and spray, and flush, and green, dust measures, construction site within roadway road should take hardening, dust measures, bare ground should laying reef slag, and fine stone or other function quite of material, or take cover dust cloth or dust network, measures, keep construction places and around environment of clean.

Pipelines and road construction in addition to meeting as provided in the preceding paragraph, should be backfilled trench, take measures such as watering, cover to prevent dust pollution.

    Prohibition of construction units down from the high dumping or throwing all kinds of bulk material and construction waste.

12th dust control for road cleaning shall comply with the following provisions: (a) the main roads of the city promoting the use of mechanized cleaning of high pressure washing vehicle washing;

(B) manually cleaning the roads should be consistent with the practices of sanitation;

(C) of pavement, measures should be taken, and repaired in a timely manner;

    (D) the sewer dredging sludge should be the day of removal, shall not be stacked on the road.

13th town roadworthiness of motor vehicles shall maintain vehicle appearance clean and tidy, no mud and ash on the road.

    Transport of sand and crushed stone, slag, earth-moving vehicles, garbage and other materials should take measures such as canopy, airtight, preventing raw materials during transport leaving generate dust contamination or leakage.

14th terminals, yards, open storage of dust control for material storage shall comply with the following provisions:

(A) should ping the yard field, road-hardened, and keep the road clean and tidy;

(B) the yard perimeter shall be equipped with higher than the stockpiled material of walls, Windbreak netting facilities; large yard you should configure vehicle washing facilities;

(C) corresponding to the yard items according to item type cover, spray and wind and dust suppression measures such as walls;

    (D) open loading and unloading of materials should take dust suppression measures such as sprinkler, spraying; enclosed conveying of materials should be charging, discharging is equipped with brute mighty dust absorption, spraying dust-proof facilities.

    The 15th people's Governments above the county level shall implement the responsibility system for afforestation, according to local conditions, strengthen the greening in city and surrounding areas, prevention of dust pollution and soil erosion.

    16th people's Governments of cities based on prevention and control of dust pollution needs prohibitions are in sandstone, limestone mining and processing activity areas prone to generate dust pollution. 17th enterprise to generate dust contamination and dust pollution charge system.

    Specific measures by the provincial Department in charge of price in conjunction with the financial sector, the provincial Department of environmental protection administration, submitted to the provincial people's Government for approval. 18th on dust pollution of enterprises, introduction of green credit system.

    Administrative Department of environmental protection should be provided regularly to the people's Bank of dust pollution in the enterprise's environmental information; people's Bank should be the environmental law information into the credit system, as an important basis for providing financial services.

    19th provincial environmental protection Administrative Department shall establish evaluation system of urban dust pollution control, prevention of dust pollution as a municipality to district evaluation of environmental protection an important part of the atmosphere, regularly released evaluation results. 20th environmental protection, housing and urban-rural construction, urban management, transport, water conservancy, forestry departments should strengthen supervision and inspection of dust pollution control of violations dealt with according to law.

    Inspected unit and individual shall cooperate with and provide the information requested.

21st article violates these rules, construction units, one of the following circumstances, the housing and urban-rural construction or rectification by the Administrative Department of the local government, more than 1000 Yuan and fined a maximum of 20,000 yuan; it fails to mend, can be ordered to shut down for rectification:

(A) failure to establish responsibility system for dust pollution control;

(B) bare ground with unpaved reef construction site residue, fine aggregate or other equivalent material, or failing to take measures such as covering dust cloth or dust-proof net;

(C) pipelines and road construction is not to backfill the trench to take water, coverage of such measures;

    (D) the dumped or spilled down from the heights of various bulk materials and construction waste.

22nd article violates these rules, construction units, one of the following circumstances, the housing and urban-rural construction, urban management designated administrative authorities or local government based on the Division of responsibilities in accordance with the relevant laws, rules and regulations shall be punished:

(A) the construction did not take cover, wall, when sealed, spraying, washing, afforestation and other measures;

(B) vehicles carrying sand and crushed stone, slag, waste material did not take cover, closed effective dust control measures;

    (C) it is not hardening and other dust control measures imposed on roadway construction sites.

23rd violates these rules, road cleaning job has any of the following circumstances, the housing and urban-rural construction, urban management designated administrative authorities or local government based on the segregation of duties a rectification, fined a maximum of 5000 Yuan:

(A) manually cleaning the roads not up to the job of sanitation standard;

(B) did not take measures and timely repair on damaged pavements; 

    (C) sewage sludge from dredging is not cleaned up and piled up on the road that day.

24th article violates these rules, Pier, storage yards, open storage of items in any of the following circumstances, the Department of environmental protection administration a rectification, fined a maximum of between 5000 and 1000 Yuan, causing serious consequences, fines of between 10,000 yuan and 30,000 Yuan:

(A) the yard flat, pavement is not hardened, the road is not kept clean;

(B) around the yard does not have above the yard material of walls, wind and dust control mesh and other facilities;

(C) vehicle washing facilities are not configured for large yards;

(D) the yard items under the item categories corresponding to the cover, spray, wind and dust suppression measures such as walls; (v) surface loading and unloading items do not have dust suppression measures such as sprinkler, spray;

    (F) the enclosed conveying of materials not in loading and unloading places equipped with dust, spray and dust-proof facilities.

    25th article violates these rules, in the prohibited area within the sandstone, limestone mining and processing activities generate dust contamination, be ordered by the Administrative Department of environmental protection to stop the illegal practice, fines of between 10,000 yuan and 30,000 yuan.

    26th article violates these rules, inspected units and individuals is not cooperative or does not provide the information requested, by the environmental protection department or other relevant departments shall order rectification refuses, on penalty of between 10,000 yuan and 30,000 Yuan on individual penalty of between 5000 and 1000 Yuan.

    The 27th Government and environmental protection Administrative Department and other departments concerned in the dust pollution control in the management of abuse, negligence, malpractice, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law. 28th article of the rules take effect on March 1, 2012.