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Administrative Measures On Hazard Chemicals Safety, Shanxi Province

Original Language Title: 山西省危险化学品安全管理办法

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(Adopted by the 64th Standing Committee of the People's Government of San Sussi Province on 27 December 2005 and issued by Decree No. 184 of 8 January 2006 of the People's Government of the Province of San Sustain Western Sahara, as of 1 February 2006)

Chapter I General
In order to enhance the safety management of hazardous chemicals, to safeguard the lives of people, property security, and to protect the environment, this approach is based on relevant laws, regulations, such as the Safety Production Act, the Regulations on the Safety of Dangerous Chemicals (hereinafter referred to as the Regulations).
Article II applies to the production, storage, use, operation, transport of hazardous chemicals and disposal of hazardous chemicals, emergency response to dangerous chemicals and their monitoring activities within the administrative areas of this province.
Article 3 of this approach refers to hazardous chemicals, including explosive, compressing gases and liquid gases, flammable liquids, flammable solids, self-fuels and inflammable goods, oxidists, organic oxides, drugs, corruption, etc.
Article 4
(i) Establish a regulatory system for the safe monitoring of hazardous chemicals;
(ii) Harmonization planning and rationalization of production, storage of hazardous chemicals;
(iii) Organizing relevant departments for the development of disaster response relief advances for hazardous chemicals accidents, leading and directing emergency relief for hazardous chemical accidents;
(iv) Organizing a major inspection of the safe production of hazardous chemicals;
(v) The organization does not have hazardous chemicals production, storage of businesses, suspension, closure and relocation without security conditions;
(vi) To organize a joint meeting with the relevant departments to coordinate key issues in the management of hazardous chemicals.
Article 5
Public safety, environmental protection, sanitation, transport, business, construction, commerce, agriculture, quality, railway, civil aviation and postal services are responsible for the safe monitoring of hazardous chemicals within their respective mandates.
The relevant laws, regulations, regulations and regulations, as well as the provisions of the State and the Government of the Provincial People's Republic, the regulatory responsibility for the implementation of the safety of hazardous chemicals in the provinces, municipalities in the area of establishment, and the relevant sectors of the district, has been delineated; it has not yet been divided by all relevant provincial departments.
Article 6.
The main heads of hazardous chemicals from industry units are responsible for the safety of hazardous chemicals in this unit.
hazardous chemicals should be trained and trained by practitioners in safe production and training to ensure that practitioners have the necessary safety knowledge. practitioners should be familiar with regulations relating to the production of security, safe operating protocols and emergency relief measures, and have access to safe operational skills in their jobs and are eligible for review.
Article 7. The hazardous chemicals shall be subject to inspection by the relevant authorities in accordance with the law and shall not be denied or obstructed.
Article 8. Relevant sectors with responsibility for the management of hazardous chemicals should establish a reporting system to deal with dangerous chemical safety violations in a timely manner.
Any unit and individual have the right to investigate, prosecute violations of the Regulations and this approach. Encourage and support the monitoring of the safe management of hazardous chemicals throughout society.
Chapter II Production, storage and use of hazardous chemicals
Article 9. No unit or individual may produce and store hazardous chemicals without approval.
The establishment of hazardous chemicals production and storage enterprises shall apply to the provincial, district-based and municipal safety production monitoring authorities, as required, and submit a proposal for a location for project construction in the rural and urban planning sectors, as provided for in Article 9 of the Regulations.
Applications submitted by the provincial, municipal safety and productive management in the area should be completed within 20 working days of the date of receipt and reviewed, and the decision of the same-level people's governments to ratify or not be approved. The approval was granted by the same-level security production monitoring authority; the applicant was notified in writing without approval.
The decision authority granted by the communes of the provinces and territories to establish hazardous chemicals production and storage enterprises could be delegated to the management of the safety and production of which they belong.
The applicant's instrument of ratification issued by the Safety Production Monitoring Authority is registered with the business sector or is operating a change of scope.
Article 10. New, alteration, expansion of hazardous chemicals production, storage projects (hereinafter referred to as hazardous chemicals-building projects) must be reviewed in accordance with article 9 of this approach.
Article 11 is designed as a firefighting project that is capable of fuelling hazardous chemicals construction and should be reviewed by the public safety fire agencies in accordance with the law. After the construction project was completed, the public safety firefighting agency was able to obtain a test under the law; there was no experience to receive or receive it.
Article 12 Environmental impact evaluation documents for hazardous chemicals construction projects should be submitted to the environmental sector by law. After completion of the construction project, the environmental sector has been able to test its environmental facilities in accordance with the law; there has been no empirical harvest or a failure to receive it.
Article 13 projects that may result in hazardous chemicals in occupational diseases should be reviewed by the health sector by law. Prior to the completion of the construction project, an evaluation of the effectiveness of the control of occupational diseases should be carried out, and its occupational disease protection facilities should be collected by the health sector in accordance with the law and receive qualifications, and the parties can invest in formal production or use.
Article 14. The safety facility design of hazardous chemicals construction projects should be reviewed by the security production monitoring authorities. After the completion of the construction project, the safe production supervision management undertook the inspection of its security facilities under the law; the failure to collect or receive it was not sufficient to invest in formal production or use.
Article 15. Risk-building projects should be designed and constructed by units with corresponding qualifications. The design, construction units are responsible for the safety of their design, construction works.
Article 16 should be evaluated by security evaluation agencies with corresponding qualifications before and after hazardous chemicals construction projects are designed and completed. The evaluation body is responsible for its evaluation findings.
Article 17 Risk-building projects should apply to provincial security production monitoring authorities for processing or changing security production permits, after they are eligible for safety tests.
Article 18 packagings, containers for hazardous chemicals should be reviewed by the provincial security production supervision management to determine the production of qualified professional production enterprises. Professional production enterprises must obtain a production licence granted by the quality department.
The unit using gas bottlenecks for hazardous chemicals should be obtained by law by means of a certificate of gas bottlenecks issued by the quality office, which could be carried out.
Article 19 units for the production, storage, use, operation of toxic chemicals and other hazardous chemicals that constitute major hazardous sources should be made available to the local public security sector and security production monitoring management. The storage, custody and related records of hazardous chemicals must be consistent with the provisions of the Regulations and the relevant national standards.
Article 20 provides that the use of dangerous chemicals may result in occupational poisoning and that the security conditions in their operating places must be in accordance with the relevant national provisions and obtain a licence for occupational health safety issued by the safe production supervision management under the law.
Article 21, hazardous chemicals production, storage, use, operation units, should be established by a security management authority or with dedicated security managers to establish a regulatory regime for the sound production management of production and security responsibility for production.
Article II, in the vicinity of hazardous chemicals production, storage, planning and construction of large-scale places such as industrial facilities, public facilities, residential areas, must be in line with the State's standard of safety protection.
As a result of the restructuring, expansion of hazardous chemicals production devices and storage facilities, as well as security protection distances in the relevant places and regions, are not in accordance with the State's relevant provisions and are subject to the supervision of the safe production of production at the district level to reorganize within the prescribed time period; the need for conversion, suspension, relocation or closure, and the payment of the costs incurred by the local counterparts.
In the absence of reasonable planning for urban development or related sectors, dangerous chemicals production, storage enterprises and safety protection distances related to the premises and regions concerned are not in accordance with the State's relevant provisions and are reported to be carried out by district-level safe production monitoring authorities in the relevant sectors of local counterparts' government organizations to clean up or relocate and relocate, relocations, and the related costs are borne by local governments, businesses and relevant sectors, depending on the circumstances.
Article 23 units or individuals, within the safe protection distance between hazardous chemicals production, storage of the vicinity of the enterprise, construction of industrial facilities, public facilities, residential areas, etc., should be responsible for their own demolitions; denial of dismantlement, and removal by the relevant units of the district-level security production supervision management, which are subject to the removal of the costs of the construction units or individuals.
Chapter III
Article 24 regulates the sale of dangerous chemicals.
The operation of hazardous chemicals should apply to the provincial and municipal safe production monitoring authorities for the handling of hazardous chemicals. No units or individuals shall operate hazardous chemicals without permission.
The applicant conducts registration or business change procedures for the operation of dangerous chemicals.
Article 25
Acquisition of hazardous chemicals can be obtained through the operation of intense toxic chemicals, manufactured oil (including transport tools for hydration or compressing gas, ethan fuel) and other hazardous chemicals. Access to licences for the operation of toxic chemicals can only operate hazardous chemicals other than acute toxic chemicals and manufactured oil.
Business must operate in accordance with the scope of the operation set out in the hazardous chemicals licence.
Article 26 engages in the production of oil, warehousing, retail operation, applying for licences for dangerous chemicals operations, and shall provide certificates of authorization for the operation of the manufacturer, the certificate of approval for the operation of the oil warehouse and the approval of the certificate for the operation of the manufacturer.
The operation of a hazardous chemical pesticide (conductor) shall apply for a licence for the operation of dangerous chemicals and shall be in accordance with the State's requirements for profitability.
Article 27 However, the sale of hazardous chemicals produced by non-resident units or the establishment of marketing points outside the plant will require the licensing of hazardous chemicals.
Article 28 prohibits the transfer, sale, sale, rental, borrowing, counterfeiting or converting of dangerous chemicals.
Article 29 purchases of toxic chemicals should comply with the following provisions:
(i) The frequent use of toxic chemicals by units such as production, scientific research, medical treatment, and the acquisition of vouchers by purchasing vouchers, in accordance with the relevant provisions of the State;
(ii) The temporary need for the purchase of toxic chemicals by units should be based on the proof from the unit (notes, quantity, use) to apply to the municipal public security sector in the area where the unit is located for the purchase of a purchase order and purchase of an order;
(iii) Individuals may not purchase toxic chemicals other than pesticides (conductors).
The production of toxic chemicals, the operation of an enterprise shall not sell toxic chemicals to an individual or to units that do not purchase vouchers and quasi purchase orders.
Chapter IV Transport of hazardous chemicals
Article 30.
Road transport licenses issued by the municipal road transport management authorities in the area of hazardous chemicals transport should be obtained.
The use of self-sustainment vehicles for the transport of hazardous chemicals in non-commercial roads should be subject to a licence for the transport of dangerous goods issued by the municipal road transport administration in the establishment area.
The transport sector should be provided with corresponding transport qualifications.
units operating hazardous chemicals transport are registered by the transport sector or by road transport management authorities.
Article 33 vehicles carrying hazardous chemicals transport must be obtained by road transport management licensees and escorts.
The hazardous chemicals transport vehicles must be marked in accordance with the relevant provisions.
Article 32 garners, ship loaders, loading managers and detainees who are hazardous chemicals transport should be trained in safety knowledge, subject to the approval of the transport sector at the municipal level, and subject to the accreditation.
Article 33 Transport of hazardous chemicals and the carrier can only be entrusted to transport units with the quality of transport of hazardous chemicals.
Through road transport of poisoning chemicals, the shippers should apply to the local public safety transport management at the destination district level for road transport passes for the handling of toxic chemicals.
Article 34 Carers of hazardous chemicals should be inspected in the manufacture of hazardous chemicals, as well as the prequalification certificate of the carrier's container, according to the quantity approved by the vehicle vessel. Shippers should provide carriers with safety technical statements, safety labels, which are consistent with hazardous chemicals. Complete chemicals should also verify the road transport pass for lartoxic chemicals and set up a list of drug shipments.
Article XV is implemented through rail, civil aviation transport of dangerous chemicals, in accordance with the relevant provisions of the State's railway and civil aviation sectors.
Any unit or individual may not be sent to mail or be loaded in dangerous chemicals; it shall not be sent to the mail of dangerous chemicals.
Chapter V Disposal of hazardous chemicals
Article XVI deals with the disposal of hazardous chemicals and shall be implemented in accordance with the relevant national legislation, regulations and regulations.
Article 37 units engaged in hazardous waste collection, storage and disposal activities should apply to the environmental sector for a licence.
Article 338 The production, storage, use and operation of hazardous chemicals shall take effective measures to safely dispose of the production or storage of equipment, inventory products and production raw materials for hazardous chemicals and shall not allow for accidental cover. The disposal programme should report on municipal safety production monitoring authorities, the environmental sector, and the public safety sector. The urban safety and productive management in the establishment area should monitor the disposition.
Any unit and person are prohibited from abandoning dangerous chemicals.
Article 39 of the public's dangerous chemicals are accepted by the public security sector at the district level. The public security sector should establish hazardous chemicals in the storage and collection of dangerous chemicals at the specialized dangerous chemical warehouses and must be clear-cut to the custody of the individual and to prevent the loss of the stolen society.
More than the public security sector at the district level is responsible for the transfer of dangerous chemicals to specialized units identified in the environmental sector.
The Government of the people at the district level should arrange the necessary funds for the storage and disposal of hazardous chemicals delivered and collected.
Article 40 units producing hazardous chemicals cannot dispose of hazardous chemicals by law, which may be disposed of by the environmental sector above at the location level and the disposal costs are borne by units producing hazardous chemicals. The disposal costs of hazardous chemicals that have not been abandoned are borne by the local population governments.
Article 40
Chapter VI
Article 42
More than forty-third, the management of safe production supervision at the district level should prepare risk response relief scenarios with the counterparts concerned and report on implementation after approval by the current people's Government.
Article 44 states that hazardous chemicals should be developed by a accident response rescue desk, equipped with emergency relief personnel and the necessary emergency relief equipment, equipment and regularly organized exercises.
Hazardous chemicals should be provided with emergency relief advances from the industry units and are presented in local, district-based safe production monitoring management and related sectoral clearances.
Article 445 Large-risk chemicals production and storage enterprises should establish a professional emergency response. Other hazardous chemicals production, storage units should enter into assistance agreements with local professional emergency relief teams. The enterprise emergency response team provides relief services to outdoor units and the costs incurred are borne by an accidental unit.
In the event of dangerous chemical accidents, the main head of the unit should organize immediate relief, in accordance with the emergency relief advances established by this unit, and report immediately on the management and public safety, environmental protection and quality sectors of local security production.
More than 46 people at the district level should be given the direction and leadership of emergency assistance. Security production monitoring authorities and relevant sectors such as environmental protection, public safety and health should be implemented in accordance with local emergency relief advances, without delay, diversion.
More than the people at the district level should ensure that the funding for the development of the emergency relief system is included in the financial budget and earmarked.
Article 47, where a dangerous chemical accident occurs, is handled by the relevant sectors such as the public safety, inspection, trade unions, in accordance with the frequency of the accident and the relevant provisions.
Article 48 establishes a mortgage system for the safe production of dangerous chemicals enterprises. Specific approaches are developed by provincial security production monitoring authorities with provincial finances.
Chapter VII Legal responsibility
Article 49 violates articles 9, 10, 18, 24, 31, 32, 33, and 38 of this approach, respectively, and punishes the management, business sector, quality, transport sector, public security sector, in accordance with the provisions of the Regulations.
In violation of article 25 of this approach, the operating unit exceeds the scope of the operation of a licence for dangerous chemicals, with its excess operating part being punished in accordance with the law.
Article 50, in violation of article 11 of this approach, stipulates that more than the public safety fire agencies at the district level are punished under the Fire Act.
Article 50, in violation of article 12 of this approach, punishes the environmental sector entitled to approve the environmental impact evaluation document of the project in accordance with the provisions of the Environmental Impact Assessment Act.
Article 52, in violation of article 13 of this approach, stipulates that the health sector at the district level is subject to the provisions of the Occupational Disease Control Act.
Article 53, in violation of article 14 of this approach, is punishable by the management of the supervision of safe production at the district level, in accordance with the provisions of the Safety Production Act.
Article 54, in violation of article 17 of this approach, is punishable by the management of the supervision of safe production at the district level, in accordance with the provisions of the Safe Productive Licence Regulations.
Article 55, in violation of article 28 of this approach, imposes a fine of more than 30,000 dollars for the unlawful transfer, sale, rental, borrowing, counterfeiting or converting of dangerous chemicals.
Article 56, in violation of article 34 of this approach, is one of the following acts by the consumer of hazardous chemicals, with a fine of up to 3,000 dollars for the security production supervision management at the district level.
(i) No inspection of the quality of the transport vehicle ship fleet and the testing of the ship-loading containers containing hazardous chemicals;
(ii) No hazardous chemicals are installed in accordance with the authorized metrics of the vehicle vessel;
(iii) The carrier does not provide a safety technical statement, a safety label or the non-representation of a dangerous nature to the carrier;
(iv) No list of the transport of toxic chemicals.
Article 57 provides administrative disposal in accordance with the relevant provisions; constitutes an offence punishable by law.
Chapter VIII
Article 58, paragraph 3, of this approach refers to the specific types of hazardous chemicals referred to in Article 3 of the National Security Productive Productive Regulators, which are included in the Hazardous Chemicals List, published by the Department of State.
Syndric chemicals refer to chemicals listed by the National Security Production Monitoring Authority in conjunction with the relevant departments of the Department of State.
Article 59 does not apply to the safe management of civilian explosions, radioactive items, nuclear energy substances and town fuel.
The safety management of non-fuel-use natural gas, liquid oil, man-made gas and chemical and hazardous chemicals, such as literary material, is implemented in accordance with the provisions of this approach.
Article sixtieth of this approach has been implemented effective 1 February 2006.