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Measures of Beijing Municipality for Implementing the Law of the People's Republic of China on Prevention and Control of Air Pollution

Measures of Beijing Municipality for Implementing the Law of the People's Republic of China on Prevention and Control of Air Pollution

(Adopted on December 8, 2000 at the 23rd Session of the Standing Committee of the 11th Beijing Municipal People's Congress)

Chapter I General Provisions

Article 1 These Measures are formulated in line with the actual conditions of this Municipality for the purpose of implementing the Law of the People's Republic of China on Prevention and Control of Air Pollution and protect and improve the air environment,.

Article 2 Any organizations and individuals in the administrative jurisdictions of this Municipality must observe the Law of the People's Republic of China on Prevention and Treatment of Air Pollution and these Measures and fulfill the duties of protecting air environment. they have entitled to bring an accusation and charge against the units and individuals polluting air environment.

Article 3 The people's governments at all levels in this Municipality are responsible for the air quality within their respective jurisdictions.

The people's governments at all levels in this Municipality shall include the air environment protection in the national and social economic development plans, work out rational urban layout planning, increase the inputs of environmental protection funds, take effective measures for prevention and control of air pollution, and protect and improve the environment.

Article 4 The Municipal environmental protection administrative department shall exercise unified supervisory administration over the air pollution prevention and control. The district and county environmental protection administrative departments shall exercise the supervisory administration over the air pollution prevention and control in their respective jurisdictions.

Each relevant administrative department shall exercise the supervisory administration over the air pollution prevention and control within their respective functions according to the law.

Article 5 This Municipality adopts economic and technological policies and measures that are conducive to air pollution prevention and control and to relevant comprehensive utilization activities.

This Municipality encourages the scientific research on air pollution prevention and treatment, dissemination of scientific knowledge of environmental protection and raise of the whole nation's awareness about environmental protection.

The people's governments at all levels of this Municipality shall reward units and individuals that have made outstanding achievements in air pollution prevention and control and in environmental protection and improvement.

Article 6 The people's governments at all levels of this Municipality shall enhance urban and rural greening work, preserve existing woodlands, plant trees and grasses and take effective measures for sand prevention and control to improve air quality.

Chapter II Supervisory Administration of Air Pollution Prevention and Control

Article 7 Nature reserves, scenic attractions, historical sites, forest parks designated by the State and this Municipality as well as other zones in need of special preservation are type-1 areas of environmental air quality where the State level-1 standards of environmental air quality are to be followed. Other regions are type-2 areas where the State level-2 standards of environmental air quality are to be followed.

Article 8 As a key city of air pollution prevention and control, this Municipality shall reach the air quality standard as required within the specified period.

Construction projects in the setting stage must prepare the environmental impact assessment report and submit it to the environmental protection administrative department for approval in accordance with relevant State stipulations concerning environmental protection administration of construction projects.

Before air quality reaches that standard, the Municipal people's government may adopt stricter measures for the prevention and control of pollution caused mainly by coal burning, motor-vehicle emissions and dust.

Article 9 Units responsible for the discharge and leakage of noxious and hazardous gas and radioactive substances due to accidents or other contingencies that cause or may cause air pollution accidents endangering human health, must take immediate emergency measures to prevent and control air pollution harm and report to the district or county environmental protection administrative department in the locality and receive investigation and disposal.

In case of emergency where air is seriously polluted and human health and safety may be harmed, the Municipal people's government must give a timely notice of air pollution and take mandatory emergency measures, including the mandatory suspension of total or partial production of pollutant-emitting units and stopping a certain number of motor-vehicles from running The Municipal environmental protection administrative department, aligned with other departments concerned, are responsible for implementing the measures of compulsory suspension of total or partial production of the pollutant-emitting units; and the public security traffic control department is responsible for implementing the measures of stopping a certain number of motor-vehicles from running.

Article 10 This Municipality introduces total amount control over major air pollutants with specific procedures formulated by the Municipal people's government according to the State Council's stipulations.

For discharge of pollutants into air, the concentration of pollutant discharge must not exceed the discharge standards set by the State and this Municipality.

Units and individuals that discharge pollutants into air must keep their air pollutant treating facilities in normal use; dismantling or leaving idle the air pollutant treating facilities must be approved by the Municipal or local district/county environmental protection administrative department.

Article 11 The Municipal environmental protection administrative department is responsible for unified monitoring of air quality and pollutant discharge, releases daily and annual reports of air quality and gradually introduces the system of air quality prediction.

Chapter III Prevention and Control of Air Pollution Caused by Burning Coal

Article 12 This Municipality encourages and supports the use of energy-saving technology and the exploitation and utilization of clean energy resources such as electricity, natural gas and solar energy to improve the energy structure and gradually decrease the amount of directly burned coal.

Article 13 The Municipal people's government shall determine the range of restriction and gradual prohibition of coal burning.

Within the determined range, no coal-burning facilities are to be built, renovated or expanded; and the existing coal-burning facilities must be transformed into the facilities using clean energy such as natural gas and electricity within the prescribed time period.

Coal-burning facilities outside the determined range must use high-quality coal with low sulfur and low ash content and sulfur-solidified coal or adopt effective measures to keep the discharged sulfur dioxide below the set standard.

Article 14 This Municipality encourages the promotion of central heating in areas with heat supply by burning coal and advocates the adoption of energy-saving heat supply mode. In the areas covered by central heating pipelines and fuel gas supply pipelines, no new coal-burning heat-supply boiler is to be built.

Article 15 The use of coal-burning boilers and coal-burning kilns shall be equipped with effective facilities to prevent and control pollution and the pollutants discharged into air shall not exceed the set discharge standard.

Units that use coal-burning boilers with rated power over 14 megawatts must install online monitors to monitor pollutant discharge continuously and automatically and ensure their normal operation.

Article 16 No unit or individual is allowed to sell bulk coal or sulfur-solidified coal below the set standard to households in urban areas.
The urban households that use burning coal for cooking and heating must use sulfur-solidified coal as required by the Municipal people's government.

Chapter IV Prevention and Treatment of Vehicle and Vessel Exhaust Pollution

Article 17 This Municipality encourages the production and use of motor vehicles and vessels that use clean energy.

The pollutants discharged into air by motor vehicles and vessels shall not exceed the discharge standards set by the State and this Municipality.

Article 18 Manufacturing enterprises that sell vehicles in this Municipality must report pollutant discharge data of various types of vehicles sold in this Municipality and their pollution prevention and control technology materials to the Municipal environmental protection administrative department. The Municipal environmental protection administrative department shall regularly publish the type catalogue of vehicles that meet the stipulated discharge standards.

For those that are not able to provide the above-mentioned data and materials, the Municipal environmental protection administrative department shall entrust special agencies to test their vehicles.

Vehicles failing to meet the stipulated discharge standards shall not be granted licenses by the public security traffic control department.

Article 19 Vehicles in use whose pollutant discharge exceeds the set standard shall not be used on the road.

The Municipal people's government may, according to this Municipalities' air quality requirements and the vehicle exhaust pollution state, work out the types, criteria and time period for the transformation of the vehicles in use and report to the State Council for approval and implementation.

Vehicle manufacturers shall map out the specific technology plan for transformation of vehicles in use and provide corresponding services on the principle of stable standard attainment, economy and rationality.

Vehicle owners shall transform their vehicles as required.

Article 20 Vehicle service units must, according to the air pollution prevention and control requirements and the State's relevant technical standards, undertake servicing to keep the pollutant emissions of serviced vehicles up to the stipulated discharge standard in a stable way.

Article 21 The Municipal environmental protection administrative department may entrust units that have been accredited with the annual vehicle examination of exhaust by the public security organ to conduct annual testing of vehicle exhaust pollution according to relevant provisions.

Testing vehicle exhaust pollutants must follow the prescribed testing methods and discharge standards and the devices controlling pollutant discharge must be inspected.

Vehicles that have not undergone the pollutant discharge test as required or that have undergone the test but fail to meet the discharge standards are not allowed to have safety performance testing.

Article 22 The Municipality, district and county environmental protection administrative departments may, in the vehicles' parking lot, spot-check the pollutant discharge of vehicles in service and may, with the cooperation of the public security traffic control department, spot-check the pollutant of discharge vehicles on the road.

Article 23 Vehicle owners must ensure the normal use of exhaust purifying devices and shall not dismantle, leave idle or modify the devices.

Article 24 The Municipal people's government may, according to the air quality situation, adopt traffic control measures to restrict the types and running time of vehicles in a certain area.

Article 25 Vehicles discharging pollutants in great excess of the stipulated discharge standards and failing to meet the discharge standards within the time limit for rectification may be ordered by the public security traffic control department to stop running or be forced out of service according to the State's relevant regulations.

Article 26 This Municipality bans the sale and use of leaded gasoline and shall gradually promote the use of clean gasoline. No production or import or sale of vehicle-use fuel below the State standards is allowed.

Chapter V Prevention and Control of Waste Gas, Dust and Odor Pollution

Article 27 Units and individuals that effuse noxious and harmful gas or dust substances must install purifying devices or adopt other protective measures.

Flammable gas produced in industrial production and refuse pile-up must be recycled for use. The gas emitted into air without recycling conditions must undergo pollution prevention treatment.

Article 28 Pollutant-discharging units that effuse odor must adopt measures to prevent surrounding residential areas from being contaminated.

Where odor emitted into air affects surrounding residents' life, the administration unit must adopt effective measures to bring it under control.

Article 29 Burning in the open air such substances as stalks, leaves and withered grass that produce smoke and dust pollutants is banned.

Outdoor barbecues are banned in public places of urban and township areas.

Article 30 Project construction units must enhance construction site management and adopt measures to prevent airborne dust pollution. Such measures include erecting hoarding around construction sites, surfacing major makeshift roads for construction use and sealing up refuse and building materials that may possibly produce dust pollution.

Article 31 The Municipality, district and county people's governments must adopt measures to carry out the greening responsibility system and green or surface uncovered land in the built-up district to ensure good conservation.

In cleaning up urban roads, airborne dust pollution must be prevented,

Article 32 Catering industry operators must adopt measures to prevent oil smoke pollution. Oil smoke emissions must not exceed the stipulated discharge standards.

No more catering business that produces oil smoke is to be placed any longer on the ground floor of residential apartment buildings; and no residences in residential apartment buildings may be used as catering business places that produce oil smoke pollution.

The existing catering business places that contaminate the surroundings and disturb residents must be ordered to make corrections within a time limit or stop business.

Chapter VI Legal Liabilities

Article 33 Relevant pollutant-discharging units that fail to stop total or partial production as emergency measures mandated by the Municipal people's government according to the provisions in Article 9 (2) of these Measures may have their water and electricity supply suspended by water and power supply units that are ordered by the Municipal people's government, or a fine of more than 10,000 yuan but less than 100,000 yuan shall be imposed upon them by the Municipal environmental protection administrative department.

Article 34 Those that, violating the provisions of Article 10 (2) of these Measures, emit into air pollutants in excess of the municipal discharge standards shall be ordered to stop the illegal actions or to make corrections within a time limit, and a fine of more than 10,000 yuan but less than 100,000 yuan shall be imposed by the Municipal, district or county environmental protection administrative departments.

Article 35 Those that have conduct any of the following actions in violation of these Measures shall be ordered by the municipal, district or county environmental protection administrative departments to stop the illegal actions and make corrections within a time limit, and shall be given warnings or fined under 5,000 yuan. In the following serious circumstances, a fine of more than 5,000 yuan but less than 50,000 yuan shall be imposed upon the offenders:

1. In violation of the provisions Article 10 (3) of these Measures, failing to normally use air pollutant disposal facilities or arbitrarily dismantling or leaving idle air pollutant disposing facilities without approval of the environmental protection administrative department;
2. In violation of the provisions of Article 13 (2) of these Measures, failing to transform the existing coal-burning facilities into clean energy-fueled ones within the prescribed period of time;
3. In violation of the provisions of Article 14 of these Measures, building new coal-burning heat supply boilers in the areas covered with central heating pipelines and fuel gas supply pipelines;
4. In violation of the provisions of Article 15 (2) of these Measures, units that use coal-burning boilers with rated power over 14 megawatts fail to install online monitors for the continuous and automatic monitoring of pollutant emissions and to ensure their normal operation according to regulations;
5. In violation of the provisions of Article 21 (1) of these Measures, doing tests of vehicle emissions without authorization of the Municipal environmental protection administrative department or practicing fraud in testing;
6. In violation of the provisions of Article 27 (1) of these Measures, emitting into air noxious and hazardous gas or dust substances and failing to install purifying devices or to adopt other protective measures; and
7. In violation of the provisions of Article 32 (1) of these Measures, catering industry operators fail to take effective measures for preventing and controlling pollution, which causes the emitted oil smoke to contaminate the residential environment of surrounding residents.

Those that have the action in Item 5 to a serious degree shall be deprived of their qualification for undertaking annual examination of vehicles by the public security traffic control department.

Article 36 In violation of the provisions of Article 17 (2) of these Measures, existing motor vehicles and vessels that emit pollutants in excess of the discharge standards shall be ordered by the municipal, district or county environmental protection administrative departments to make corrections and a fine of 100 yuan for exceeding each of the standards or a double fine for a double excess shall be imposed.

Article 37 In violation of the provisions of Article 19 (1) of these Measures, vehicles exceeding emission standards on the road shall be dealt with according to the law by the public security traffic control department.

Article 38 In violation of the provisions of Article 19 (4) of these Measures, vehicle owners failing to transform their vehicles in service as required shall be given warnings or a fine of 1,000 yuan shall be imposed upon them by the municipal, district or county environmental protection administrative departments.

Article 39 In violation of the provisions of Article 23 of these Measures, those that arbitrarily dismantle, leave idle or modify the vehicle's purifying devices shall be ordered by the municipal, district or county environmental protection administrative departments to make corrections and a fine of more than 500 yuan but less than 1,000 yuan shall be imposed upon them.

Article 40 In violation of the provisions of Article 29 (1) of these Measures, those that burn in the open air such substances as stalk, leaves and withered grass that produce smoke and dust pollutants shall be ordered by the municipal, district or county environmental protection administrative departments to stop the illegal action; and in serious cases, a fine of less than 200 yuan may be imposed upon the offenders.

In violation of the provisions of Article 29 (2) of these Measures, those that have outdoor barbecues in public places of urban and township area shall be ordered by the urban supervisory organization to stop the illegal action and a fine of less than 5,000 yuan shall be imposed.

Article 41 In violation of the provisions of Article 30 of these Measures, those that conduct construction activities and fail to adopt effective measures to prevent and control airborne dust, causing air environment pollution shall be ordered by the municipal, district or county building administrative departments to make corrections within a time limit and a fine of less than 20,000 yuan shall be imposed; and those that fail to meet the requirements of this Municipality's environmental protection regulations within the time limit may be ordered to stop work for rectification.

Article 42 Environmental protection supervision administrators that abuse power and neglect duty shall be given administrative punishment. Where a crime is constituted, the wrongdoers shall be investigated for criminal responsibility according to law.

Chapter VII Supplementary Provision

Article 43 These Measures shall become effective as of January 1, 2001. The Regulations of Beijing Municipality for Implementing the Law of the People's Republic of China on Air Pollution Prevention and Control adopted on July 7, 1988 at the Third Session of the Standing Committee of the Ninth Beijing Municipal People's Congress, the Administrative Punishment Procedures of Beijing Municipality for Implementing the Law of the People's Republic of China on Air Pollution Prevention and Control promulgated on May 28, 1990 by Decree No. 11 of the Municipal People's Government, and the Measures of Beijing Municipality on Administration of Prevention and Control of Vehicle Exhaust Pollution promulgated on August 23, 1989 by Decree No. 26 of the Municipal People's Government and revised on November 25, 1997 by Decree No.8 of the Municipal People's Government are repealed at the same time.


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