Shanghai, The Implementation Of The People's Republic Of China Law On Environmental Impact Assessment Approach

Original Language Title: 上海市实施《中华人民共和国环境影响评价法》办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
(May 10, 2004, Shanghai Municipal People's Government at the 37th Executive meeting on May 15, 2004, Shanghai Municipal People's Government released 24th come into force on July 1, 2004) Chapter I General provisions article I (purpose and basis) in order to implement the strategy of sustainable development, promoting the coordinated development of the city's social, economic, environmental, in accordance with the People's Republic of China environmental impact assessment law and other laws and regulations, combined with the municipality, these measures are formulated.
    Article II (scope of application) this approach applied to the city planning and the management of the environmental impact evaluation of construction project and its related activities.
    Article III (environmental impact assessment policy) the city to encourage relevant regional development, industrial development, resource development and other aspects of policy and organization to carry out environmental impact assessment.
    Fourth (experts established and public participation), Shanghai environmental protection Bureau (hereinafter EPA) should be established in conjunction with the relevant departments in the city, environmental impact assessment, the experts and the environment affecting the underlying database, strengthening environmental impact evaluations of capacity-building, promoting environmental impact information sharing.
    The municipal environmental protection Bureau and the district and county administrative departments of environmental protection (hereinafter referred to as district and county environmental departments) as well as the relevant administrative departments should protect the public environment right, adopt measures to facilitate the authorities concerned, experts and public participation in environmental impact assessment.
    Fifth chapter planning environmental impact assessment (planning and environmental impact assessment of the extent and manner) by the municipal administration and related departments or district/County Government approval of the basin, marine construction, development and utilization planning, environmental impact chapter or notes shall be compiled.
    By the municipal administration and related departments or districts, the County Government approved regional construction and development plan, land use planning, as well as industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism, natural resources development and other special plans, preparation of environmental impact statements.
    In accordance with this article, the provisions of the second paragraph needs specific directories for environment impact assessment of planning, the municipal environmental protection Bureau, a proposal reported to the municipality for approval before implementation.
    Sixth (establishment plan environmental impact assessment determination of the subject and a specific establishment body) preparation of these measures within the scope of article fifth plan, the planning authority shall, in the process of planning and organization to carry out environmental impact assessment.
    Plan environmental impact report and environmental impact of a chapter or notes (hereinafter referred to as environmental impact assessment document) is compiled in institutions, prepared by the planning authority from the State Department to tender published by the Administrative Department of environmental protection planning and environmental impact assessment of selected in the unit list.
    Seventh (compilation of document of planning environmental impact assessment requirements) plan environmental impact assessment document prepared or your organization shall, in accordance with guidance on planning and environmental impact assessment techniques and the city planning environmental impact assessment requirements of the technical specifications, preparation of the environmental impact assessment document.
    Technical code for city planning, environmental impact assessment, developed and released separately by the municipal environmental protection Bureau.
    Eighth (adjustment of draft planning) planning authority shall, in accordance with the conclusions and recommendations of the environmental impact assessment document, corresponding modification of the draft plan.
    Environmental impact assessment documentation is completed, significant adjustments to the draft plan by the planning authority, documents prepared or your organization shall organize the environmental impact assessment environmental impact assessment document supplemented or amended.
    Nineth article (planning draft of submitted elements) planning prepared organ in approval planning draft Shi, should together submitted following file: (a) planning of environment effect evaluation file; (ii) planning draft adopted environment effect evaluation file of situation description; (three) may caused bad environment effect and directly involved public environment interests of planning draft, also should submitted about units, and experts and public on planning environment effect evaluation file of views and adopted situation of description, but national provides need confidential of except.
    Planning of the authority prescribed in the preceding paragraph is not attached files, plan approval authorities shall not be approved.
    Tenth article (planning environment effect evaluation file of review) municipal government approval of planning draft, in made approval decided Qian, city EPA should organization about experts on according to this approach Nineth article first paragraph provides submitted of file for review, proposed review views; district, and County Government approval of planning draft, in made approval decided Qian, district, and county environmental sector should organization about experts on according to this approach Nineth article first paragraph provides submitted of file for review, proposed review views.
    Draft plan for the relevant administrative departments of the municipal government for approval, before making a decision, the municipal environmental protection Bureau shall organize relevant experts in accordance with the first paragraph of this article Nineth review documents submitted by the proposed approval.
    Participate in the environmental impact assessment provisions of the preceding two paragraphs of experts document review, and should be, establishment of a database of environmental impact assessment, the experts in the related field in the list, determined in a random way. 11th (planning environmental impact assessment and review comments on the role of planning permission) when planning the draft planning approval, the approval authority, the environment impact assessment of planning should be files and review or approval by the Environmental Protection Department as an important basis for decision-making.
    Document of approval did not accept the environmental impact assessment conclusions, review or approval of the Environmental Protection Department, planning and approval authority shall give an explanation, and archived for future reference.
    12th (planning, implementation and evaluation of environmental impact tracking) in the planning and implementation process, planning and implementation organs should be synchronized implementation of environmental protection measures.
    Has a significant impact on the environment after the implementation of planning, planning authority shall, in accordance with the provisions of the Environmental Protection Department of the time and requirements for organizations to carry out environmental impact evaluation, and to report the evaluation planning examination and approval authority, found to have significant adverse environmental impacts, planning authorities should promptly propose improvement measures.
    Planning after the implementation of a significant adverse environmental impact, organization and planning authority is not environmental impact evaluation, improvement measures, environmental protection departments should report to the people's Governments at the same level, by the people's Government at the mandated environmental impact evaluation of planning organization and propose improvement measures.
    Third chapter construction project of environment effect evaluation 13th article (construction project of environmental protection requirements) construction project should meet following requirements: (a) project location should meet regional development construction planning and environment function Division of requirements; industrial project in principle should set in law approved established, and environment based facilities complete of zone of industrial with to within; environment based facilities not complete of zone, shall not introduced industrial project; in should revoked of zone within, limit industrial project of alterations, and expansion.
    (B) prohibited in the zone of newly-built commercial residential projects for industrial use. (C) prohibited within the upper reaches of Huangpu River water source protection area, construction of pollution of the water environment and productive projects, in which level within the source protection area, and prohibited the construction of new water supply has nothing to do with project in forest conservation planning within the prohibition of construction and water resources protection and conservation projects unrelated to construction.
    Ban on the upper reaches of Huangpu River water source protection areas beyond the scope of level water source protection areas and chenhang reservoir within the scope of protection, new independent of the water supply project.
    (D) the lack of ancillary sewerage networks and sewage into the centralized wastewater treatment plant in pieces of land, shall not be used for residential development, have no sewage treatment plants, industrial areas, shall not be built, rebuilt or expanded wastewater industrial project.
    (E) direct emissions to surface water is greater than 300 tons per day of waste water projects, should be set at the total discharge of sewage contamination on-line monitoring system.
    (F) emissions greater than 1000 tons/day of wastewater from production of industrial projects may not be connected to the municipal wastewater treatment plant, should the spot, discharge standards. (VII) construction projects shall meet the requirements of municipal clean energy use and air pollution control. Within the inner circle area, banned new coal, heavy oil and other polluting fuels in boilers and furnaces. Within and outside the region between the ring and the outer ring of the "coal-free zone" range, in addition to construction of central heating systems, new projects should use clean energy.
    Other regions within the new steam rated evaporation capacity 4 tons (4 steam ton) boiler and furnace of atmospheric emissions equivalent, you may not use polluting fuels such as coal, heavy oil. (VIII) new industrial zone should be put in central heating or the use of clean energy.
    New rated evaporation capacity of more than 10 steam ton (including 10 steam tons) of coal, heavy fuel oil fired boilers, as well as emissions of air pollutants and their furnaces, flue gas desulfurization and dust removal measures should be taken, and configure online continuous monitoring system for flue gas. (I) the hazardous waste comprehensive utilization and treatment facilities, hazardous waste, construction should be in accordance with the pollution prevention plan. New hazardous waste disposal and comprehensive utilization of the project should be located in the industrial area; industrial hazardous waste disposal and comprehensive utilization of existing facilities may not be rebuilt or expanded.
    Apart from the technology needs, and new industrial projects may not separate hazardous waste treatment facility, the unified collection, for the integrated treatment of hazardous waste.
    (10) in addition to special circumstances such as communicable disease control, construction of hospitals shall not separate medical waste incineration medical waste should be a unified collection, centralized treatment.
    (11) in accordance with the provisions of environmental laws, regulations, rules.
    On the construction project does not meet the above requirements, relevant authorities shall not approve the construction, the Environmental Protection Department shall not approve the environmental impact assessment documentation.
    14th (classification of environmental impact evaluation of construction project management) the employer shall, according to the national directory of classified management of the construction project environmental protection, in accordance with the nature and scale of the construction project as well as the extent of possible impact on the environment, determine the form of environmental impact assessment, prepared the construction project environmental impact report, environmental impact reports or fill in registration forms of environmental impact (hereinafter referred to as the construction project environmental impact assessment). 15th (simplification of the construction project environmental impact assessment)

    Had completed the environment impact assessment of planning includes construction projects or the overall project contains a single construction project, its environmental impact assessment can be simplified.
    Simplification of environmental impact assessment work, including the simplification of form and content of environmental impact assessment.
    The nature of specific construction projects, and pollution factor in planning environmental impact assessment or not evaluated in overall construction project environmental impact assessment, environmental impact assessment shall not be simplified.
    Simplified form and content of the construction project environmental impact assessment, reported by the employer have the right to approve the Environmental Protection Department. 16th (unit of the construction project environmental impact assessment document) the construction project environmental impact report, environmental impact reports, the construction unit shall entrust agencies with the appropriate qualification of environmental impact assessment.
    Environmental impact statement body, owner can delegate acceptance Department of environmental protection determined through the Organization of tenders.
    Institutions shall, in accordance with the relevant environmental impact assessment environmental impact assessment of technical specifications, environmental impact assessment, and responsible for the environmental impact assessment conclusions.
    17th (public participation in environmental impact assessment of construction project) in addition to the State requires secrecy in the case, the construction unit shall be submitted for approval before the construction project environmental impact report, feasibility study meeting, hearing or take social surveys, public opinion in the media or any other means, seek the views of relevant authorities, experts and the public.
    Construction approval of the construction project environmental impact statement, and shall attach to the unit concerned, experts and the views of the public to adopt or not to adopt the description is not attached, the Environmental Protection Department was inadmissible.
    Preparation of the construction project environmental impact report may have a greater impact on the environment, the construction unit shall refer to the provisions of the first paragraph of this article seek authorities, experts and the public opinion.
    18th (approval of the construction project environmental impact assessment document) in accordance with the relevant provisions of the State need to conduct a feasibility study on building the project, the construction unit shall at the feasibility study stage and approval document of the construction project environmental impact assessment; railways, traffic on major construction projects, have the right to file for approval of the construction project environmental impact assessment agreement with the Environmental Protection Department, can approval of environmental impact assessment before the preliminary design documents. Do not need to conduct a feasibility study on building projects in accordance with regulations, the employer shall, before project approval document of environmental impact assessment.
    Among them, the need to get a business license, the construction unit shall upon approval of environmental impact assessment before the license file.
    Departments in charge of construction industry, its environmental impact statement or environmental impact report form shall be subject to the competent authority after the pre, has the right to approve the Environmental Protection Department for approval.
    Files without the approval of the construction project environmental impact assessment approved by the Department of environmental protection, the construction of project examination and approval Department shall not approve its construction, industry and Commerce departments not be issued business licenses, the construction unit shall not commence construction. 19th (approval of the environmental impact evaluation of construction project file) environmental protection of construction projects in the city implemented at different levels.
    The municipal and district or County Environmental Protection Department for approval of the construction project environmental impact assessment document permissions, the municipal environmental protection Bureau according to relevant regulations of the State and the actual needs of the urban environmental management, a proposal reported to the municipality for approval before implementation, and to the public.
    20th (the construction project environmental impact assessment of the outcome of the public) Department of environmental protection approved the decision of the construction project environmental impact assessment reports should be made public in a timely manner in the following ways, the public right of access: (I) published on the Government website, (ii) establish public inspection Office in the environmental protection sector made available for inspection by the public; (c) the other way to facilitate the public's access.
    21st (limitation of the environmental impact assessment document) after approval, the construction project environmental impact assessment document, the nature and scale of the project, location, use, production or pollution prevention, measures to combat ecological destruction of major changes, the construction unit shall re-apply for approval for the environmental impact assessment document.
    Approval of the construction project environmental impact assessment reports for more than 5 years from the date decided to start the construction, their environmental impact assessment reports should be submitted to the original examination and approval departments to audit.
    Environmental impact evaluation of construction project documents over 3 years from date of approval under the age of 5 years before they decided to start the construction, the construction unit shall in the project for the 10th, environmental protection departments report to the original examination and approval of the assessment document. Approval of the construction project environmental impact assessment reports for more than 3 years from the date decided to start the construction, original examination and approval of the evaluation of environmental protection departments should organize the site to see.
    Significant changes in the surrounding environment of construction projects or laws, rules, regulations, environmental standards for major changes, the construction unit shall return preparation, approval and environmental impact assessment document. 22nd (implementation of the construction project environmental protection measures and changes) in the process of project design, construction, the construction unit shall implement the environmental impact assessment document and Department of environmental protection proposed in the environmental impact assessment approval of environmental protection measures.
    Need to support environmental protection installation of construction project, simultaneously with the principal part of the project should be designed, constructed and put into use simultaneously with the principal part of the project to ensure environmental protection facilities.
    Due to special reasons, project design, construction and environmental impact evaluation process needs to be changed in file or measures referred to in the approval by the Environmental Protection Department, the construction unit shall first seek consent of the original agreement with the Environmental Protection Department for approving the evaluation file. 23rd (project trial production or trial operation), the construction unit shall prior to the construction of the main works of the project run with load, applied to the original approval the evaluation of the Environmental Protection Department construction project trial production or trial operation.
    Inspected by the Department of environmental protection, supporting the environmental protection facilities have been built, the Environmental Protection Department shall, from the date of receipt of the application within the 15th try approved construction project production or trial operation; environmental protection facilities are not yet completed, or arbitrarily does not accept the environmental impact assessment documentation and approval by the Environmental Protection Department of the proposed measures, the Environmental Protection Department does not approve its production or trial operation.
    Project trial production or trial operation period is 3 months, but due to the demand for special reasons, its trial production or trial operation period can be prolonged, but should not be longer than 1 year.
    Construction project during pilot production or trial operation, supporting the construction of environmental protection facilities should be the main part of the project was put into operation.
    Project trial production or trial operation period, the construction unit shall on the operation of environmental protection facilities and monitoring the environmental impact of construction projects.
    24th (construction project completion and acceptance of environmental protection facilities) units should be in production or trial operation before the expiry of, to the approval of the construction project environmental impact assessment environmental protection Department the application acceptance of environmental protection facilities. Environmental protection departments shall from the date of receiving the application for acceptance of environmental protection facilities in the 30th to complete acceptance. Pollutant emissions in excess of the prescribed standards of construction projects or other incompatible with environmental impact assessment documents and approval requirements of the Environmental Protection Department, and acceptance of environmental protection facilities fail.
    Units shall in accordance with the requirements of environmental protection departments, organizational rectification within a prescribed period, reapply for acceptance of completed environmental protection installation of construction project. Construction projects in the pilot production or trial operation at the end of the load does not meet requirements, and approval document of the construction project environmental impact assessment agreement with the Environmental Protection Department, and acceptance of environmental protection facilities by actual production load.
    After the project meet the required load, the construction unit shall apply for formal acceptance.
    Environmental protection installation of construction project through acceptance, to be formally put into production or use.
    25th article (construction project environment effect Hou evaluation) has following case one of of, units should according to environmental sector provides of time organization environment effect Hou evaluation: (a) construction project construction, and run process in the produced not meet by approved of environment effect evaluation file case of; (ii) construction project may caused larger environment effect, and its environment effect evaluation file of approval views in the provides should for environment effect Hou evaluation of.
    Units to carry out environmental impact assessment, found to have negative environmental impacts, and should take corresponding measures of pollution prevention, and environmental impact assessment and pollution prevention measures taken to review the documents for environmental impact assessment and environmental protection departments and the construction of project examination and approval Department for filing.
    Fourth chapter legal responsibility 26th article (planning prepared organ of legal responsibility) planning prepared organ violation this approach provides, in organization planning of environment effect evaluation Shi fraud or has dereliction of behavior, caused environment effect evaluation serious false, or on implementation Hou has obviously environment effect of planning not timely organization environment effect track evaluation, caused serious consequences of, by superior organ or monitored organ on directly is responsible for of competent personnel and other directly responsibility personnel give administrative sanctions.
    27th (liability of planning examination and approval authority) plan approval authorities in violation of the rules on environmental impact assessment shall be attached documents and related instructions and planning that is not attached to the draft law approved, directly by a parent or a supervisory organ in charge of it and other persons directly responsible shall be given administrative sanctions.
    28th (the legal responsibilities of the Department of environmental protection), environmental authorities in violation of the regulations, review or approval document of planning environmental impact assessment with dereliction, resulting in serious consequences, or in the construction project environmental impact assessment document approval process have misconduct, abuse of authority and other illegal acts, directly by a parent or a supervisory organ in charge of it and other persons directly responsible shall be given administrative sanctions.
    29th (liability for construction of project examination and approval Department) documents without the approval of the construction project environmental impact assessment and construction of project examination and approval Department approved the project without authorization, or unauthorized issuance of the business license of the business sector, by their superior or the supervision authority directly responsible for the competent and other persons directly responsible shall be given administrative sanctions. 30th (legal liability of employer)

    Violation this approach provides, units has following case one of of, by has approval right of environmental sector according to following provides be punishment: (a) violation this approach 18th article first paragraph, and second paragraph, 21st article first paragraph provides, not law approval environment effect evaluation file or not by provides again approval environment effect evaluation file, unauthorized starts construction of, ordered stop construction, deadline replacement procedures; late not replacement of, can sentenced 50,000 yuan above 200,000 yuan following of fine.
    (B) disobey 18th article fourth, second paragraph of the article 21st, environmental impact assessment document has been submitted for approval but has not been approved or without consent of the original examination and approval departments reviewed, unauthorized construction, shall be ordered to stop construction, and can be fined 50,000 yuan and 200,000 yuan penalty.
    (C) the violation of the article 21st paragraph, did not report to the Environmental Protection Department, started construction without authorization shall be ordered to stop construction deadlines for completing the formalities and fined 5000 Yuan and 30,000 yuan fine.
    (D) violation of the first paragraph of this article 23rd, without the approval of the Environmental Protection Department, main part of the project put into production or trial operation without authorization shall be ordered to stop production or trial operation and construction projects with a total investment of 1% up to 10% the fine, but no more than 100,000 yuan.
    (E) violation of paragraph III of this article 23rd, construction project during pilot production or trial operation, matching and construction of environmental protection facilities of the main part of the project was put into operation, a rectification; fails to make corrections, shall be ordered to stop production or trial operation and fined 10,000 yuan and 50,000 yuan fine.
    (F) violation of article 24th of this approach for the first, second and third paragraphs, construction does not require the acceptance of completed environmental protection facilities, ordered for the acceptance of environmental protection facilities procedures; fails to go through, be ordered to stop production or trial operation and fined 10,000 yuan and 50,000 yuan fine.
    (VII) breach of article 24th of this approach provided in the fourth paragraph, supporting construction of environmental protection facilities of construction projects are not yet completed, or construction of environmental protection facilities has been completed but without acceptance or experience qualifying, main part of the project was put into operation or use shall be ordered to stop production or use, and a fine of 10,000 yuan and 100,000 yuan fine.
    (VIII) violation of these measures article 25th, the construction units not complying with the provisions of the construction project environmental impact assessment, rectification, and fined 10,000 yuan and 30,000 yuan fine.
    31st (legal responsibility for environmental impact assessment agencies) institutions in the preparation of environmental impact assessment environmental impact assessment document is not responsible or fraud, environmental impact assessment document misrepresentations, the municipal environmental protection Bureau to the violation to the public and submitted to the State Council Department responsible for Environmental Protection Department dealt with according to law.
    The fifth chapter by-laws article 32nd (terminology) environmental impact evaluation of planning mentioned in these measures refers to planning the implementation process have a significant impact on the environment or completed, the planning authorities on the environmental impact of the planned inspection, analysis, evaluation, as well as the strategies and measures proposed.
    After the construction project environmental impact assessment mentioned in these measures refers to the environment in the construction and operation effects and preventive measures to track, monitor and validate the effectiveness of evaluation, as well as the proposed remedy or measure.
    Construction projects in these measures production or trial operation, means before the final acceptance of construction after the completion of the project to the environmental protection facilities, approved by the Environmental Protection Department, main construction projects run with load, debug main engineering, environmental protection facilities, assessment activities.
    33rd (other provisions) by the approval of the relevant departments of the State Council or the planning, environmental impact assessment in accordance with the relevant provisions of the State.
    Shall be formulated by the Administrative Department of environmental protection approved the construction project environmental impact assessment document, prepared and approved in accordance with the relevant provisions of the State.
    Marine environmental protection of construction projects management, in accordance with the People's Republic of China Law on marine environmental protection regulations. 34th (execution date) these measures shall take effect on July 1, 2004.
                                                                                    Shanghai Municipal People's Government released January 12, 1988, December 14, 1997, Shanghai Municipal People's Government amend and republish the 53rd, management of construction project of Shanghai municipal environmental protection be abrogated.

Related Laws