|
Order of the Shenzhen Municipal People' s Government |
|
No. 109 |
|
|
|
Measures of the Shenzhen Special Economic Zone on the Management
of Environmental Protection in the Service Sector was
deliberated and adopted at the 44th Executive Meeting
of the Third Session of the Municipal Government, now is
promulgated, and shall take effect as of March
1, 2002. |
|
|
|
Mayor Yu Youjun |
|
February 11,
2002 |
|
|
|
Measures of the Shenzhen Special Economic Zone on the Management
of Environmental Protection in the Service Sector |
|
|
|
Article 1 In order to strengthen
the environmental management in the service sector, control the
environmental pollution, ensure the
human health, and promote
the coordinated development of the environmental protection and
economic construction, these
measures are hereby formulated in
accordance with the related laws, regulations of the state and
in the light of the practical
conditions of the Shenzhen Special
Economic Zone. |
|
|
|
Article 2 These measures shall apply to the service
enterprises such as hotels, restaurants of Western and Chinese
cuisine, bars,
song and dance halls, recreational parks,
audio-video show houses, hygienic and cosmetic service salons,
fitness centers,
laundries, gas stations, car washing places,
motor vehicle repairing and service shops, etc. and individual
operators (hereinafter
referred to as service enterprises). |
|
The
environmental management of the public dining halls of
enterprises and institutions
shall be conducted in the light of
these measures. |
|
|
|
Article 3 The administrative department of the municipal
people' s government in charge of environmental protection
(hereinafter referred
to as the municipal department of
environmental protection) shall conduct the unitary supervision
and administration of
the environmental protection in the
service sector. The administrative departments of the various
district people' s governments
in charge of environmental
protection (hereinafter referred to as the district department
of environmental protection)
shall conduct the unitary
supervision and administration of the environmental protection
in the service sector within their
jurisdictions. |
|
The
related administrative departments in charge of planning,
construction, industrial
and commercial administration, public
security, culture, health, urban management, economy and trade,
etc. shall conduct
the supervision and administration of the
environmental protection in the service sector jointly with the
departments of
environmental protection according to their
respective duties. |
|
|
|
Article 4 The location and
distribution of service items shall meet the requirements of
urban planning and environmental protection.
|
|
Construction,
reconstruction, extension and relocation (hereinafter referred
to as construction) of service items shall
abide by the laws,
regulations on the environmental management of construction
projects. |
|
City parks at
the municipal level shall not lease their space for business
operations. |
|
|
|
Article 5
It shall be prohibited in the
following areas and places to set up the service items which
cause soot, foul smell, noise,
vibration, thermal pollution: |
|
(1)
residential buildings; |
|
(2)
commercial and
multiple-purpose buildings without special chimneys; |
|
(3)
the stories adjacent to the
residential section in a multiple-purpose buildings for commerce
and residence; |
|
(4)
residential areas, cultural
and educational areas, recuperation areas, and other special
areas (except the accessory service
facilities to meet the
requirements of area planning). |
|
It shall be
prohibited to set up discotheques in
a multiple-purpose building for |
|
commerce and residence. |
|
Owners and
property managers shall not lease, loan, contract the real
estate listed
in the previous two sections to other units and
individuals who operate the service items causing
soot, foul smell, noise, vibration, thermal
pollution. |
|
|
|
Article 6 As for those service items which were set up
before these measures take effect and cause soot, foul smell,
noise, vibration,
thermal pollution which do not meet the
discharge standards set by the state, the department of
environmental protection
shall order rectification by a
deadline; in case of failure to meet the state standards after
the deadline, the department
of environmental protection shall
do checkup, conduct investigations, and impose punishments
according to law. |
|
|
|
Article 7 Restrictions shall be imposed on setting up the
service items, which cause soot, foul smell, noise, vibration,
and thermal
pollution, in the areas adjacent to residential
areas, cultural and educational areas, recuperation areas or
other special
areas. |
|
If it is
indeed necessary to set up the service items, which cause soot,
foul smell,
noise, vibration, and thermal pollution, in the
areas referred to in the previous section, the construction unit
shall
submit the project' s environmental impact statement and
plan of pollution control to the related units and residents in
the place where the project is located and ask for their
opinions; the construction unit shall adopt the reasonable
opinions. |
|
|
|
Article 8 The commercial buildings, multiple-purpose
buildings, where the service items causing the soot pollution
are set up, shall
be equipped with special chimneys.
|
|
As for
the construction, reconstruction and extension of the buildings
referred to
in the previous section, they shall be reported to
the department of environmental protection for examination and
acceptance
before being put to use. |
|
|
|
Article 9 Service enterprises shall be encouraged to use
clean energy such as pipeline gas, liquefied gas, electric
power, etc. |
|
The
service items within the service area of pipeline gas shall not
use coal, oil as
fuel; those without the service area of
pipeline gas shall not use coal as fuel. |
|
As for
the service items which were set up before these measures take
effect and use
coal as fuel, the department of environmental
protection shall order substitution of clean energy such as
pipeline gas,
liquefied gas, electric power, etc. within 6
months. |
|
If it is
indeed necessary to use oil as fuel because of safety of fire
control, it
shall be examined and approved by the department of
public security in charge of firefighting. |
|
|
|
Article 10 Service enterprises shall dispose the produced
waste water through oil insulation. |
|
If the
service items are located in the drinking water protection zones
and the environmental
function zones of the sea area of Category
II and their waste water discharge has not been brought into the
municipal network
of drain pipes, the waste water disposal
facilities shall be built and the waste water shall be
discharged after meeting
the standards through treatment. |
|
|
|
Article 11 Service enterprises shall properly collect the
oil-bearing waste (hereinafter referred to as swill oil) coming
out of the
oil insulation treatment of the produced waste oil
and other oil-bearing waste, waste water, and turn it over to
the units,
which have the appropriate certificates of the
technological qualifications of the environmental protection
industry issued
by the municipal department of environmental
protection, for centralized disposal, and it shall not be
discharged into
sewers or dumped at will. |
|
The units
and individuals without certificates shall not be engaged in
collection,
disposal of waste oil and other oil-bearing waste,
swill oil. |
|
Swill oil
and its products after processing and treatment shall not be
used for food
and drink. |
|
|
|
Article 12 Service enterprises shall properly collect
leftovers of meals and turn them over to the public sanitation
department for
comprehensive use or disposal. The collection,
shipping, and utilization of leftovers shall meet the
requirements of the
urban management for the city appearance and
environmental sanitation, and accept the supervision and
management of the
department of urban management. |
|
|
|
Article 13 The service enterprises, which cause soot, smoke,
foul smell, shall build pollution treatment facilities as their
accessories,
and the soot, smoke, foul smell shall be discharged
after meeting the standards through treatment. |
|
|
|
Article 14 Service enterprises shall not set up and use
outdoor sound equipments causing noise pollution. |
|
Service
enterprises shall make rectification for the produced noise,
vibration, and meet
the prescribed standards of noise,
vibration. |
|
|
|
Article 15 In case of violation of the first, second
sections of Article 5 of these measures by operating service
items without authorization,
the department of environmental
protection having the authority to examine and approve the item
shall order stopping construction,
stopping business, or
dismantling, and impose a fine of more than 5,000 but less than
20,000 RMB; if the circumstances
are serious, a fine of more
than 20,000 but less than 100,000 RMB shall be imposed. |
|
If the
owner and property manager of a real estate, in violation of the
third section
of Article 5, have leased, loaned, contracted the
real estate to the other unit and individual to set up a service
item
causing soot, foul smell, noise, vibration, thermal
pollution, a fine of more than 2,000 but less than 10,000 RMB
shall
be imposed in addition to an order to stop business. |
|
|
|
Article 16 If one of the following acts has been taken, the
department of environmental protection shall order correction
and impose
a fine of more than 2,000 but less than 10,000 RMB: |
|
(1)
in violation of the first
section of Article 10 of these measures, failing to dispose
waste water thorough oil insulation; |
|
(2)
in violation of the first
section of Article 11 of these measures, turning over waste oil
and other oil-bearing waste, swill
oil to the units and
individual without the appropriate certificates of technological
qualifications of the environmental
protection industry for
collection and disposal, and discharging or dumping without
authorization; |
|
(3)
in violation of the first
section of Article 14 of these measures, setting up and using
outdoor sound equipments causing
noise pollution. |
|
|
|
Article 17
If one of the following acts has
been taken, the department of |
|
environmental
protection or other departments of supervision and
administration shall order correction and impose a fine
of more
than 10,000 but less than 50,000 RMB: |
|
(1)
in violation of the second
section of Article 9 of these measures, failing to use clean
energy according to the rules; |
|
(2)
in violation of the third
section of Article 9 of these measures, failing to make
rectification after the deadline; |
|
(3)
in violation of the second
section of Article 10 of these measures, failing to build the
waste water disposal facilities
or discharging in excess of the
standards; |
|
(4)
in violation of Article 13
of these measures, failing to build the facilities as
accessories to treat soot, smoke, foul
smell or discharging
soot, smoke, foul smell in excess of the standards. |
|
|
|
Article 18
In case of violation of the third
section of Article 11 of these measures |
|
by using swill
oil and its products after processing for food and drink, the
department of industrial and commercial administration
or other
departments of supervision and administration shall confiscate
the illegal earnings of processors or distributors,
and impose a
fine of more than 20,000 but less than 300,000 RMB. |
|
|
|
Article 19 In case of failing to make rectification by the
deadline, the department of environmental protection shall order
stopping
the use of the equipments causing pollution, and impose
a fine of more than 10,000 but less than 50,000 RMB; if the
circumstances
are serious, the department of environmental
protection shall order stopping business, closing, dismantling
according to
law, and impose a fine of more than 20,000 but less
than 100,000 RMB. |
|
When the
department of environmental protection makes an administrative
decision and
administrative sanction decision to order stopping
business, closing or dismantling according to the previous
section and
Article 6 of these measures, it shall submit a
proposal to the related responsible administrative department to
revoke
the certificates such as business license, administrative
license, qualification certificate, the related administrative
department shall take the corresponding measures according to
laws, regulations. |
|
|
|
Article 20 If a party concerned refuses to accept the
administrative sanction, an application may be filed for
administrative review
or legal action may be directly taken at
the people' s court. |
|
|
|
Article 21 The service enterprises causing environmental
pollution and damage shall have the liability to eliminate the
pollution,
get rid of the damage, and make compensations for the
loss of the units or individuals who have suffered the damage
caused
by the pollution. |
|
The
dispute on the liability to compensate and the sum of
compensation shall be settled
by the department of environmental
protection at the request of the parties concerned. |
|
If a
party concerned refuses to accept the decision on settlement,
legal action may
be taken at the people' s court. The party
concerned may also take legal action directly at the people' s
court. |
|
|
|
Article 22 These measures shall take effect as of
March 1, 2002. |
