Key Benefits:
(Adopted at the 37th ordinary meeting of the Government of the Shanghai City on 10 May 2004, No. 24 of the Order of the People's Government of the Shanghai City on 15 May 2004 and issued effective 1 July 2004) Chapter I General Article 1 In order to implement sustainable development strategies to promote the coordinated development of the present city's social, economic and environmental environment, and in accordance with the laws, regulations, such as the People's Republic of China Environmental Impact Assessment Act, this approach is developed in the light of the realities of this city. Article 2 This approach applies to environmental impact evaluation and related management activities in the city planning and construction projects. Article 3 The city encourages the organization of environmental impact evaluations in relation to policies relating to regional development, industrial development and resource development. Article IV The Environmental Protection Bureau of the Shanghai City (hereinafter referred to as the Environment Authority) should establish a database of environmental impact evaluation experts in the city with relevant sector organizations, strengthen capacity-building for environmental impact evaluation and promote information-sharing on environmental impact. The Urban Environment Agency and regional, district environmental protection administrative authorities (hereinafter referred to as zones, district environmental sectors) and relevant management should guarantee public environmental information and take measures to facilitate the participation of relevant units, experts and the public in environmental impact evaluation. Chapter II Environmental impact evaluation Article 5 Watersheds, maritime construction, development of utilization planning, approved by the municipality and its relevant administration or district, district and district governments, should be developed or described in environmental impact chapters. Regional construction, development of land-use planning, land-use-related planning, and specific planning such as industry, agriculture, livestock, forestry, energy, water, transport, urban construction, tourism, natural resource development, should be prepared. In accordance with paragraphs 1 and 2 of this article, a specific directory of environmental impact evaluations is required, with a programme from the Urban Environment Agency to report on implementation after the approval of the municipal government. Article 6 Planning within the scope of Article 5 of this approach shall be developed by its planning authority to organize environmental impact evaluations in the planning process. The specific formulation body for the planning of environmental impact reports and environmental impacts chapters or notes (hereinafter referred to as the environmental impact evaluation document) is selected by the planning body in a solicitation manner from the list of the environmental impact evaluation units issued by the Department of State Environmental Protection Administration. Article 7 Specific development agencies that plan environmental impact evaluation documents should prepare environmental impact evaluation documents, in accordance with national guidelines for the evaluation of environmental impact evaluation techniques and the requirements for the planning of environmental impact evaluation techniques in the city. The regulatory norms for the planning of environmental impact evaluation in the city are developed and published by the Urban Environment Agency. Article 8 The planning authority shall make consequential changes to the draft plan in accordance with the conclusions and recommendations of the planning environmental impact evaluation document. Following the completion of the environmental impact evaluation document, the planning body has made a significant adjustment to the draft planning process, which should complement or amend the environmental impact evaluation documents by the specific development body of environmental impact evaluation documents. Article 9 At the time of the draft planning process, the planning authority shall submit the following documents together: (i) Planning environmental impact evaluation documents; (ii) A description of the adoption of environmental impact evaluation documents; (iii) The draft plan that may have adverse environmental impacts and directly involve public environmental rights and should also be submitted to the relevant units, experts and the public's views on the planning of environmental impact evaluation documents and the introduction of information, with the exception of confidentiality required by the State. The planning authority is not attached to the documents provided for in advance and the approval authority is not approved. Article 10 (Review of environmental impact evaluation documents) The draft planning approved by the municipal government should organize, prior to the approval of the decision, a review of the submissions submitted pursuant to article 9, paragraph 1, of the scheme by the relevant experts and provide a review of the documentation submitted pursuant to article 9, paragraph 1, of the present methodology; The municipal authorities should organize expert reviews on the documentation submitted pursuant to article 9, paragraph 1. The experts participating in the review of environmental impact evaluation documents, as set out in the previous paragraphs, should be determined in a random manner from the list of experts in the relevant pool of environmental impact evaluation experts established in this city. Article 11 (The role of the planning review and its review observations in planning approval) In approving the draft planning, the planning authority should make the planning environmental impact evaluation documents and the review or approval of the environmental sector an important basis for decision-making. The approval does not follow the findings of the environmental impact evaluation document, the review of the environmental sector or the approval of the opinion, and the planning authority should make clarifications and file the identification. Article 12 In planning the implementation process, the planning authority should synchronize the implementation of the accompanying environmental protection measures. Following the implementation of plans that have a significant impact on the environment, the planning authority should organize environmental impact follow-up evaluations in accordance with the time and requirements set by the environmental sector, and report on the results of the evaluation to the planning review bodies, identify clear adverse environmental impacts, and the planning authority should provide timely improvements. There is a clear adverse environmental impact after planning implementation, and the planned development agencies are not mandated to organize environmental impact follow-up evaluations, propose improvements, and the environmental sector should report to the same-level people's governments, and the same-level people are tasked with planning the development of environmental impact tracking evaluations and proposing improvements. Chapter III Environmental impact evaluation of construction projects Article 13 Construction projects should be in line with the following requirements: (i) The location of the project should be in line with regional development planning and environmental functionalization requirements; industrial projects should, in principle, be set up in industrial domains approved by law, in the development area in which environmental infrastructure is incomplete; environmental infrastructure is not allowed to introduce industrial projects; and in the area of development to be cancelled, restrictions on the alteration, expansion of industrial projects. (ii) Prohibition of the construction of new commodity housing projects in industrial land in the development area. (iii) Prohibition of productive projects to build a contaminated water environment in the context of the area of stream water conservation in Jipongang; in the context of the primary watershed area, new construction projects that are not relevant to water supply; and in the context of the planning of nutrients, construction of projects that are not relevant to the conservation of water resources and the construction of nutrients. The construction of new construction projects that are not relevant to water supply is prohibited in the context of the conservation of water resources at the primary level outside the area of the area of the area of the area of the area of the protected area of diarrhoea. (iv) No sewerage collection network, sewerage cannot be included in the concentrating sewerage plant plots, which may not be used as residential development; industrial projects that have no sewage treatment plants may be constructed, modified and expanded. (v) The direct release of wastewater to surface water is greater than 300 tons/days, and the pollutant online monitoring mechanism should be installed at the overall emission level. (vi) Emission production of wastewater exceeding 1,000 tons/day industrial projects shall not be allowed to enter urban sewerage plants and shall be managed on the ground and be discharged. (vii) Construction projects should be consistent with the requirements of clean energy use and atmospheric pollution governance in the city. In the area of the shoreline, it prohibits stoves and kilns of high-pollutant fuels, such as coal, heavy oil. In addition to the construction of a centralized heating system, clean energy should be used in the area between and outside the line and in the context of the “basic non-flammable coal area” outside the line. In other regions, the new evaporation was not used for high-pollutant fuel, such as coal, heavy oil, in a evaporation of 4 evametric tons and atmospheric pollutant emissions. (viii) The new industrial area should implement centralized or clean energy. The new amount of evaporation was more than 10 tons (10 evaporation) fuel, heavy oil stoves, as well as atmospheric pollutant emissions with comparable kilnapped stoves, and should be used for smoke-free sulphides and deforestation measures and for the installation of the cigarette online continuous monitoring system. (ix) Integrated use of hazardous wastes and the construction of facilities should be in line with the polluting control planning of hazardous wastes in the city. New hazardous waste treatment and integrated use projects should be elected in industrial areas; existing hazardous waste disposal and integrated use facilities outside industrial areas may not be altered, expanded. In addition to the need for the process, the construction of new industrial projects shall not build separate hazardous waste-processing facilities, and their hazardous waste shall be collected and processed in a uniform manner. (x) In addition to special circumstances such as the prevention of infectious diseases, hospitals may not be able to build separate medical waste burning stoves; medical waste should be collected and concentrated. (xi) Compliance with environmental protection laws, regulations, regulations and regulations. For construction projects that are not in line with the above requirements, the management concerned shall not approve their construction and the environmental sector shall not approve its environmental impact evaluation documents. Article 14. The construction units should organize the preparation of project environmental impact reports, environmental impact reports or the completion of environmental impact registration forms, in accordance with the nature, scale and the extent to which environmental impacts are likely to be affected (hereinafter referred to as environmental impact evaluation documents). Article 15 The construction projects included in the planning of environmental impact evaluations or individual construction projects included in the overall construction project could be simplified. The simplification of environmental impact evaluation, including the simplification of environmental impact evaluation formats and content. The nature of specific construction projects, content, pollution causes, etc., are not assessed in the planning of environmental impact evaluations or in the overall construction of project environmental impact evaluations, which are not simplified. The format and content of the project-specific environmental impact evaluation are simplified and are presented by the construction units for environmental sector clearance. Article 16 The construction of project environmental impact reports, environmental impact reporting forms, and the construction units should be entrusted with the development of institutions with a corresponding environmental impact evaluation quality. The establishment of the environmental impact report could entrust the environmental protection receiving sector to determine through the organization of tendering. Environmental impact evaluation institutions should conduct environmental impact evaluation in accordance with the technical norms governing environmental impact evaluation and be responsible for environmental impact evaluation findings. Article 17 In addition to the circumstances in which States require confidentiality, the construction units shall seek advice from the relevant units, experts and the public prior to the publication of the environmental impact report on the construction of projects. The construction unit reports on environmental impact of the project, which should be accompanied by a statement of acceptance or non-recognition of the relevant units, experts and the general public; the environmental sector is not in place. The construction of the environmental impact reporting form could have a greater impact on the surrounding environment, and the construction units should seek the views of the relevant units, experts and the public in the light of paragraph 1 of this article. Article 18 In accordance with national provisions for construction projects requiring feasibility studies, construction units should report on the environmental impact evaluation documents for construction projects at the feasibility study stage; major construction projects such as railways, transport, etc., with the environmental sector's consent to the project's environmental impact evaluation document approval, which could lead to the initial design of the environmental impact evaluation documents. In accordance with the provision for construction projects that do not require a feasibility study, construction units should submit environmental impact evaluation documents in advance of the project. Of these, a licence is required, and the construction units should submit environmental impact evaluation documents before the issuance of business licences. The construction project has industry authorities whose environmental impact reports or environmental impact reports are subject to pre-trial approval by industry authorities. The construction of the project environmental impact evaluation document has not been approved by the environmental sector with the approval of the project, which does not approve its construction, and the business sector does not have a nuclear license to operate and the construction units are not allowed to start work. Article 19 The construction projects in the city are governed by sub-sectors. The authorization authority of the municipal and district environmental sectors for the construction of project environmental impact evaluation documents is proposed by the Urban Environment Agency in accordance with the relevant national provisions and the actual needs of environmental management in the city, which is followed by the approval of the municipal government and published. Article 20 The decision of the environmental sector to approve the construction of project environmental impact evaluation documents should be made public and public in a timely manner: (i) Publication on the Government website; (ii) Public access rooms established at environmental offices for public access; (iii) Other ways to facilitate access by the public. Article 21 After the approval of the project environmental impact evaluation document, the nature, size, location, use of production processes or measures to combat pollution, and control ecological damage have changed significantly, the construction units should resubmit the environmental impact evaluation documents. The construction of the project environmental impact evaluation document has been determined by more than five years from the date of ratification, and its environmental impact evaluation documents should be re-approved by the former sector. The project environmental impact evaluation document has been developed since the date of approval of more than three years after the date of the approval of the project, and construction units should report to the environmental sector that had previously approved the evaluation document by 10 years of work. The environmental component of the project-building environmental impact evaluation document, which had been approved for more than three years since the date of approval, had decided to start work, should organize on-site inspections. Significant changes in the environment surrounding construction projects or significant changes in laws, regulations, regulations and environmental standards should be redrafted, reported environmental impact evaluation documents. Article 2 (Establishment of environmental protection measures in projects) In the design and construction of projects, construction units should follow up on environmental impact evaluation documents and environmental response measures in environmental impact evaluation advice. The construction of projects requires a parallel environmental protection facility, which should be designed and constructed in parallel with the main works to ensure that environmental protection facilities are used in parallel with the work of the subject. For special reasons, the construction of a project design, construction process requires changes in environmental impact evaluation documents or in environmental sector approval advice, and the construction units should obtain prior consent from the environmental sector that had previously approved the evaluation document. Article 23 The construction units shall apply to the environmental sector that has previously approved the evaluation document for the construction of pilot production or probationary operation prior to the operation of the major works of the construction project. According to environmental sector inspections, the accompanying environmental protection facilities have been established and the environmental sector should approve construction project probationary production or probation operations within 15 days of the date of receipt of the request; environmental protection facilities have not been completed or have been unauthorized in the adoption of measures taken by environmental impact evaluation documents and environmental sector approval, and the environmental sector does not approve their probationary production or probation operations. The duration of construction of project probationary production or probation operations is generally three months; however, for special reasons, such as process needs, the duration of their probationary production or probation operations may be extended appropriately, but not more than one year. During the construction of project probationary production or probationary operation, the construction of environmental protection facilities should be conducted in parallel with the main works. The construction units should monitor the operation of environmental protection facilities and the impact of construction projects on the environment during the construction of pilot production or probation operations. Article 24 The construction units should apply to environmental protection facilities for the approval of the project's environmental impact evaluation documents before the completion of the production or probationary operation. The environmental sector should complete the collection within 30 days of receipt of the application for the completion of the environmental protection facility. The construction of project pollutant emissions exceeds the prescribed standards or other circumstances that are not in compliance with environmental impact evaluation and environmental sector approval requests, and environmental protection facilities are not approved. The construction units should be reorganized within the prescribed time frame, as required by the environmental sector, to request the construction of project environmental protection facilities to be completed. The construction project was produced at the time of the probationary production or completion of the operation, with the approval of the environmental sector of the project's environmental impact assessment document, which could be completed by the actual production burden. After the production of the project has reached the required burden, the construction units should apply for formalization. Construction projects can be made formal in the production or use of environmental protection facilities upon receipt. Article 25 In one of the following cases, construction units should organize environmental impacts in accordance with the time-bound environmental sector: (i) The construction of projects, the operation process, which is not in accordance with approved environmental impact evaluation documents; (ii) Construction projects may have a greater environmental impact and their environmental impact evaluation observations stipulate that environmental impact evaluations should be carried out. Post-environmental assessments by construction units have identified adverse environmental impacts and should take the appropriate pollution control measures, as well as the post- environmental impact evaluation and the pollution control measures taken to provide the environmental sector for the approval of the environmental impact evaluation document and the construction project approval sector. Chapter IV Legal responsibility Article 26 In violation of this approach, the planning authority makes it a serious difference in the evaluation of environmental impacts planned by the organization or by the supervisory body to administratively dispose of the responsible personnel and other direct responsibilities for the direct responsibility. Article 27 In violation of this approach, the planning authority provides that the draft plan, which should be accompanied by an environmental impact assessment document and the accompanying notes, shall be approved in violation of the law and shall be administratively disposed of by the superior body or the inspectorate to the competent and other direct responsible personnel directly responsible. Article 28 (Legal responsibility of the environmental sector) In violation of this approach, the environmental sector has suffered from negligence when reviewing or approving environmental impact evaluation documents, causing grave consequences or violations such as malfunctioning and abuse of authority in the construction of project environmental impact evaluation documents, by superior agencies or by inspection agencies, to administratively dispose of the responsible personnel directly responsible. Article 29 The construction of the project environment impact evaluation document has not been approved and the construction of the project approval sector has been authorized by the construction of the project, or the business sector has been licensed by its superior authority or the inspection body to administratively dispose of the competent and other direct responsibilities directly responsible. Article 31 (Legal responsibility of construction units) In violation of this approach, the construction unit has one of the following cases, and the environmental sector with the authorization is punished in accordance with the following provisions: (i) In violation of article 18, paragraph 1, paragraph 2, of the present approach, article 21, paragraph 1, provides that an environmental impact evaluation document, which is not submitted by law or has not been resubmissioned to an environmental impact evaluation document, that the construction of an expediency ceases to be established and that the time limit is closed; and that the failure to be completed, is punishable by a fine of over 200,000 dollars. (ii) In violation of article 18, paragraph 4, of the present approach, article 21, paragraph 2, provides that the environmental impact evaluation document, although approved but not approved or re-approved without the approval of the original sector, is mandated to stop construction and may be fined by more than 200,000 dollars. (iii) In violation of article 21, paragraph 3, of this approach, it is not reported to the environmental sector, that the construction of the business is carried out on board and that the time limit is closed, and that it is punishable by a fine of up to 3,000 dollars. (iv) In violation of article 23, paragraph 1, of the scheme, the main works are duly engaged in pre-entry or probation operations without the approval of the environmental sector, to stop the testing production or probation operation and to impose a fine of up to 10 per cent of the total investment in construction projects, with a maximum of $100,000. (v) In violation of article 23, paragraph 3, of the scheme, the construction of project probationary production or the probationary operation, the construction of environmental protection facilities, which are not operational in parallel with the work of the subject matter, is responsible for the change of the deadline; and the impossibility of the delay in order to put an end to the probationary production or probationary operation and impose a fine of up to 500,000 dollars. (vi) In violation of article 24, paragraphs 1, 2, 3 and 3, of the scheme, construction units are not required to complete the inspection of environmental protection facilities, and are charged with the deadline for completing the receipt of environmental protection facilities; (vii) In violation of article 24, paragraph 4, of the scheme, the construction of a project-companyed environmental protection facility has not been completed or the accompanying construction of environmental protection facilities have been constructed but have not been experienced or experienced, and the formal input of the subject works for production or use is responsible for halting production or use and imposing a fine of up to 10,000 dollars. (viii) In violation of article 25 of this approach, construction units are not evaluated after the prescribed environmental impact of construction projects, and are subject to a fine of up to 30,000 dollars. Article 31 (Legal responsibility of environmental impact evaluation bodies) Environmental impact evaluation agencies are irresponsible in preparing environmental impact evaluation documents or misleading breaks, resulting in poor environmental impact evaluation documents, publicizing their violations to society by the Urban Environment Agency and reporting to the administrative authorities of the Department of State Environmental Protection to be treated by law. Chapter V Article 32 (Option of terminology) The environmental impact tracking evaluation, as described in this approach, refers to the screening, analysis, assessment and response and measures taken by the planning body after the planning process or completion of the environmental impact of the plan. The evaluation of the environmental impact of construction projects described in this approach refers to monitoring and validation evaluations of environmental impacts in construction and operation and the effectiveness of preventive measures, as well as remedial programmes or measures proposed. The construction projects described in this approach are pre-emptive or piloted, and refer to activities undertaken by the environmental sector prior to the completion of the project's construction and the completion of the environmental protection facility. Article 33 (Other provisions) Planning approved by the Department of State or the relevant departments of the Department of State shall be carried out in accordance with the relevant provisions of the State. The project environmental impact evaluation document, approved by the State Department's Executive Authority for Environmental Protection, was prepared and approved in accordance with the relevant national provisions. Environmental protection management of marine construction projects is governed by the provisions of the Marine Environment Protection Act of the People's Republic of China. Article 34 (Actual date of application) This approach has been implemented effective 1 July 2004. The Government of the Shanghai City of 12 January 1988, Order No. 53 of the People's Government of Shanghai, dated 14 December 1997, was amended and re-issued the Environmental Protection Management Approach of the Shanghai Urban Construction Project. |
