Administrative Measures For The Prevention Of Air Pollution In Urumqi City

Original Language Title: 乌鲁木齐市大气污染防治管理办法

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Administrative measures for the prevention of air pollution in Urumqi city

    (October 10, 2008 in Urumqi municipal people's Government 9th Executive session on November 28, 2008, 94th in Urumqi people's Government promulgated as of December 30, 2008) Chapter I General provisions

    First to fight air pollution, protect and improve the ecological environment, safeguard human health, promote economic and social development, under the People's Republic of China air pollution prevention and Control Act, Urumqi, and the air pollution control Ordinance and the related laws and regulations, combined with the city's actual, these measures are formulated.

    Article in the administrative area of the city of air pollution prevention and control procedures apply.

    Third municipal Administrative Department of environmental protection (hereinafter referred to as City Department of environmental protection) to exercise unified supervision and management of prevention and control of air pollution in the city.

    Area (s) Environmental Protection Department is responsible for the oversight and management of air pollution prevention and control their respective jurisdictions.

    Development and reform, the economy, construction, planning, public safety, transportation, municipal amenities, administrative law enforcement, supervision, Health Department shall, within the scope of their respective duties, in collaboration with air pollution prevention and control work.

    Fourth, air pollution prevention and control work, the target responsibility system for environmental protection.

    Article at all levels shall actively carry out anti-air pollution awareness, enhance the awareness of the people involved in air pollution prevention and control.

    Air pollution prevention and control knowledge should be included in education in schools, hotels, restaurants, theaters, sports stadiums and other public places shall set air pollution prevention identified to promote knowledge about prevention and treatment of air pollution.

    Sixth City Environmental Protection Department shall, according to the city's major air pollutant emissions and atmospheric environmental capacity and level of socio-economic development, development of total amount control of major air pollutants in the city plan, submitted to the municipal people's Government for approval organization.

    Main air pollutant emission control plan should be integrated into the national economy and social development plan.

    Area (s) environmental protection departments according to the city's main air pollutant emission control plans, development of major air pollutants total amount control of their respective jurisdictions to implement the plan, and approved by the City Department of environmental protection reported to the district (County) after the Government approved organization.

    Article seventh all units and individuals have the obligation to protect the atmospheric environment, units and individuals of the right to pollute the atmosphere environment report and complaint.

    Chapter II administration of air pollution monitoring

    Eighth article of the city to the main air pollutants emission licensing system.

    Units should obtain major air pollutants emission permits according to the limitation of emissions of major air pollutants total amount and conditions of discharge permit the discharge of pollutants.

    Nineth new construction, expansion, renovation project of the discharge of pollutants into the atmosphere, law shall prepare an environmental impact statement or environmental impact report form, the construction unit shall be entrusted with a qualification of environmental impact assessment of agencies.

    Tenth construction project environmental impact assessment reports have not been approved by the Environmental Protection Department to review not approved by or after the review, the project examination and approval Department shall not approve the project, the construction unit shall not commence construction.

    Discharge of pollutants into the atmosphere after a document is approved the construction project environmental impact assessment, nature, scale and location of the construction project, the use, production or pollution prevention, measures to prevent ecological damage and other major changes, the construction unit shall be submitted for environmental impact evaluation of construction project file again.

    11th body of the construction project after project completion, production is needed, its principal part of the project and construction of environmental protection facilities must be put into trial operation.

    After trial production for construction projects, the construction unit shall, on the date of the pilot will support construction of environmental protection facilities in the 30th operation to the City Department of environmental protection.

    12th construction projects are completed, the construction unit shall be to the approval of the construction project environmental impact report, environmental impact reports or environmental protection departments on environmental impact registration form to apply for the necessary supporting environmental protection installation of construction project completion acceptance. Acceptance of environmental protection facilities and should be carried out simultaneously with the main project completion acceptance.

    Need for pilot projects, the construction unit shall from the date of construction projects put into production within 3 months, to the approval of the construction project environmental impact report, environmental impact report or environmental impact registration form for the Environmental Protection Department, applied for the necessary supporting environmental protection installation of construction project completion acceptance.

    13th release pollutants into the atmosphere, atmospheric pollutant treatment facilities should be regular maintenance or updating to ensure the normal use of the facility, pollutant concentrations shall not exceed national and State emission standards.

    Removing or deactivating air pollutant treatment facilities, must be reported to the Environmental Protection Department for approval.

    Article 14th emissions of atmospheric pollutants in excess of the prescribed standard or total emission control of atmospheric pollutants indicator approved enterprises, implementation of cleaner production audit.

    The use of toxic and hazardous materials in production or in the discharge of toxic and harmful substances into the atmosphere in the production business, shall periodically conduct cleaner production audits and the audit results reports environmental and economic sectors.

    15th City Department of environmental protection shall be determined in accordance with the relevant provisions require automatic monitoring of major pollution sources.

    Included in the key pollution sources monitoring units, it shall install a fixed time automatic monitoring equipment and supporting facilities, and to ensure that the normal use, and may be supplemented, removed, unused.

    16th units have one of the following, according to the City Department of environmental protection's pollution control total and cut annual reduction plans and submitted to the municipal environmental protection Department:

    (A) included in the scope of key pollution sources monitoring;

    (B) the emission of pollutants exceeding;

    (C) the total emissions of atmospheric pollutants in excess of the prescribed limit.

    17th environmental protection departments to field units and other regulatory inspection, may request units under inspection to provide the following information and materials, the units under inspection shall faithfully reflect the situation, provide the necessary information, shall not be any excuse for obstruction, refuses to be examined:

    (A) the units under inspection;

    (B) the emission of pollutants;

    (C) the operations, operation and management of pollutant treatment facilities;

    (D) the monitoring records or results;

    (E) implementation of the time limit;

    (F) accidents and related records;

    (VII) pollution-related production technology, materials used and other information;

    (H) other information relevant to the control of air pollution and information.

    Environmental law enforcement personnel shall conduct on-site inspection shall produce their certificate of administrative law enforcement, and have an obligation to be inspected units or individuals to keep confidential the technological know-how and business secrets.

    Chapter III prevention of air pollution

    18th urban construction planning, development of combined heat and power, without the conditions of cogeneration, should carry out the heating central heating or the use of clean energy, clean energy or clean coal should be used in central heating boiler. In centralized heat-supply network coverage area, no new coal heating boilers.

    Scattered coal-fired heating boiler should be incorporated within the prescribed concentration heat-supply network or to switch to clean energy.

    19th article, imposed on motor vehicles in use, the exhaust of the initial inspection and annual testing, motor vehicle emission pollution monitoring and sampling carried out and implement motor vehicle category label of environmental protection management, taken against vehicles with high emission reduction measures.

    20th city catering services manager must be installed using smoke, odor decontamination facilities, via a dedicated flue emissions, preventing fumes pollute the nearby living environment.

    Private stack height and location, should not affect the surrounding living environment.

    Barbecue stoves should be promoting the use of clean energy or anthracite and is equipped with a simple smoke devices, other catering appliances should be clean energy such as electricity, natural gas, liquefied petroleum gas, no coal burning.

    21st article in population concentrated area and other law need special protection of regional within, ban new, and expansion, and alterations to atmosphere emissions dust, and stench, and odor gas and the other toxic harmful material of construction project; ban in population concentrated area and other law need special protection of regional within, burning asphalt, and linoleum, and rubber, and plastic, and leather and other produced toxic harmful dust and stench gas of material.

    Ban open burning straw, leaves, grass and other materials produce dust pollution.

    22nd construction site dust pollution control shall meet the following requirements:

    (A) the surrounding walls should be set in accordance with requirements;

    (B) piled up during the construction of the waste, waste, waste and other substances prone to generate dust, dust control measures should be taken and cleaned up, and should be clean and neat site after completion;

    (C) construction waste shall not be spilled directly from the air inside buildings;

    (D) vehicular access cleaning steps should be taken to prevent soil from the site;

    (E) the water spray dust suppression measures should be taken in the process of demolition of buildings;

    (F) the melting asphalt construction using fixed-melting devices shall be closed;

    (VII) construction site entrances and pavements should be hardened.

    23rd in the urban areas stacked slag, coal, cinder, coal gangue, sand and other substances prone to generate dust, spray, wall, should be adopted covering, sealing and other effective measures to prevent the dust.

    Air pollution in the fourth chapter of emergency management

    24th air pollution in the city to implement early warning systems is divided into yellow, red warning level.

    Yellow alert released by the municipal environmental protection Department is responsible for providing the public; five heavily polluted ambient air quality appears and when is expected to last for more than 48 hours, red alert issued by the municipal people's Government.

    May 25th emission or leak toxic gases and radioactive gases or aerosols may cause air pollution accidents, emergency plans must be established, and to environmental protection, work safety supervision Department.
Accept the record departments, should strengthen checks on record unit and technical guidance.

    26th units because of an accident or other exigency, harmful gas emissions and leakage of toxic and radioactive substances, resulting in atmospheric pollution incidents, or is likely to cause harm to human health, must take immediate emergency measures to control hazardous air pollutants, and promptly report to the environmental protection, work safety supervision Department, for investigation and settlement.

    27th poisoned the atmosphere in this city, harmful to human health and safety and emergency situations, the municipal or district (County) people's Governments shall be announced to the local population in a timely manner, imposing emergency measures, including ordering the units stop the discharge of pollutants, road closures, evacuation of personnel is or may be endangered by pollution.

    The fifth chapter legal liability

    28th article violates these rules, any of the following acts, shall be ordered by the Environmental Protection Department to stop the illegal practice, correct within a given a warning or fined a maximum of 50,000 Yuan:

    (A) units do not use air pollution treatment facilities, or without the approval of the environmental protection department which dismantles, idle air pollutant treatment facilities;

    (B) reject on-site inspection or the Environmental Protection Department does not provide relevant information and data.

    29th to discharge atmospheric pollutants in concentrations exceeding the prescribed standard, governed by the Department of environmental protection ordered, and punished in accordance with the following provisions:

    (A) the blackness to achieve level II or soot, sulfur dioxide and other pollutants concentrations exceeding the prescribed standard is less than 20%, fines of between 10,000 yuan and 20,000 yuan;

    (B) the blackness at a three-level, or soot, sulfur dioxide and other pollutants concentrations exceeding the prescribed standard of 20%-50%, fined a maximum of between 50,000 yuan and 20,000 yuan;

    (C) the blackness to achieve grade or soot, sulfur dioxide and other pollutants emission concentrations exceeds the standard 50%, fines of between 50,000 yuan and 100,000 yuan.

    Discharge of pollutants into the atmosphere has a number of indicators in excess of the prescribed standards of, respectively, the penalties provided for in the preceding paragraph, select its heavy punishment.

    30th article violates these rules, not to implement cleaner production audit or audit but not truthfully report the outcome of a review, rectification by the Environmental Protection Department, it refuses, fined a maximum of 100,000 yuan.

    31st article violates these rules, any of the following acts, dealt with by the Environmental Protection Department in accordance with the following provisions:

    (A) units not complying with the time limit to complete the installation of automatic monitoring equipment and supporting facilities, rectification, and fines of between 10,000 yuan;

    (B) units do not use automatic monitoring system for emissions of air pollutants, or without the approval of the environmental protection department which dismantles, idle air pollutant emissions of automatic monitoring and control system shall be ordered to stop the illegal practice, correct within a given a warning or fined a maximum of 50,000 yuan.

    32nd breach of these measures should be given administrative punishment under the provisions of other acts, the administrative organs shall be punished.

    Article 33rd refuses or obstructs the enforcement of environmental protection personnel performing official business according to law, in accordance with the People's Republic of China Law on administrative penalties for public security penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 34th environmental protection law enforcement officials who abuse their powers, neglect their duties, who, by their work units or by the competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    35th party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The sixth chapter supplementary articles 36th these measures come into effect December 30, 2008.