Chapter V Prevention and Control of Pollution by Waste Gas, Dust and Malodorous Gases

Article 36 Units that discharge dust into the atmosphere shall adopt measures to remove such dust.

The discharge of toxic waste gas and dust into the atmosphere shall be strictly restricted. Where such discharge is really necessary, the discharged gas or dust undergo purification treatment so as not to exceed the prescribed discharge norms.

Article 37 Inflammable gas engendered during industrial production shall be recycled; if such gas is discharged into the atmosphere due to the absence of the means of for recycling, it shall undergo treatment for the prevention and control of pollution.

The discharge into the atmosphere of converter gas, acetylene, yellow phosphoric tail gas engendered by electric furnace process, or organic hydrocarbon tail gas shall be reported to the local administrative department for environmental protection for approval.

Where the installations for recycling inflammable gas cannot operate normally, they shall be repaired or updated without delay. Where the discharge of inflammable gas is really necessary during the period when the installations for recycling cannot operate normally, the inflammable gas to be discharged shall be fully burnt, or other measures shall be taken, to reduce atmospheric pollution.

Article 38 Units that discharge sulphide-bearing gas in the process of refining petroleum, producing synthetic ammonia or coal gas, cooking fuel coal or smelting non-ferrous metal shall be equipped with desulphurizing installations or shall adopt other measures for desulphurization.

Article 39 Gas and aerosols containing radioactive substances shall be discharged into the atmosphere in compliance with State regulations on protection against radioactivity, and they may not be discharged in excess of the prescribed discharge norms.

Article 40 Units that discharge malodorous gases into the atmosphere shall take measures to prevent pollution of the neighboring residential areas.

Article 41 In densely inhabited areas and other areas that need special protection according to law, the burning of asphalt, asphalt felt, rubber, plastics, leather, garbage or other substances that produce toxic or harmful smoke or dust or malodorous gases is prohibited.

In densely inhabited areas, the areas around the airports, the areas in the vicinity of main traffic arteries or the areas designated by local people's governments, the burning in the open air of stalks, fallen leaves or other substances that will cause smoke or dust pollution is prohibited.

In addition to the provisions in the preceding two paragraphs, municipal people's governments may, in light of the actual conditions, adopt other measures to prevent and control smoke or dust pollution.

Article 42 Where substances that diffuse toxic or harmful gases or dust are transported, loaded or unloaded, or stored, sealing or other protective measures shall be taken.

Article 43 Municipal people's governments shall introduce the responsibility system for afforestation and take measures to strengthen administration of construction, increase the area of paved ground and control the heaping up of debris and waste as well as measures for clean transportation, in order to increase the per capita area of green land, reduce the area of bare land and the amount of surface dust, and prevent and control dust pollution in the urban areas.

Units which engage in construction or other activities that generate dust pollution in the urban areas of cities shall take measures to prevent and control dust pollution in compliance with the local regulations on environmental protection.

The relevant administrative department under the State Council shall make control of dust pollution one of the criteria for assessing a city's comprehensive control of its environment.

Article 44 People providing catering services in cities shall adopt measures to prevent and control pollution caused by soot to the residential environment in the neighborhood.

Article 45 The State encourages and supports the manufacture and use of the substitutes for products that deplete the substances of the ozone layer, gradually reducing the output of such products untill the termination of their manufacture and use.

Units which manufacture or import products that deplete substances of the ozone layer shall, within the time limit prescribed by the State, manufacture an import such products in accordance with the quotas approved by the relevant administrative department under the State Council.

Chapter VI Legal Liability

Article 46 Any unit or individual that violates this Law shall, depending on the circumstances of the case, be ordered to discontinue the violation and make rectification within a time limit, be given disciplinary warning or fined not more than 50,000 yuan by the administrative department for environmental protection, or a supervisory department as mentioned in the second paragraph of Article 4 of this Law, for any of the following acts:

(1) Refusing to report or submitting a false report on items of pollutants discharge for which registration is required by the administrative department for environmental protection under the State Council.

(2) Refusing an on-site inspection by the administrative department for environmental protection or any other supervisory department, or resorting to trickery and fraud when being inspected;

(3) Failing, on the part of the unit that discharges pollutants, to keep the facilities for treatment of atmospheric pollutants operating regularly or dismantling or leaving idle such facilities without prior approval by the administrative department for environmental protection; or

(4) Storing coal, coal gangue, coal cinder, coal ash, sandstone, lime soil or other material in densely inhabited areas without taking any measures for fire and dust prevention.

Article 47 Any unit that, in violation of the provisions of Article 11 of this Law, puts a construction project into operation or to use before the facilities for prevention and control of atmospheric pollution have been installed or when the requirements in respect of construction projects as specified in State regulations concerning environmental protection are not met, shall be ordered by the administrative department for environmental protection responsible for the examination and approval of the statement on the environmental impact of the construction project to suspend operation or used and may also be fined not less than 10,000 yuan but not more than 100,000 yuan.

Article 48 Any unit that, in violation of the provisions of this Law, discharges pollutants to the atmosphere in excess of the discharge norms prescribed by the State or local authorities shall make treatment thereof within a time limit and shall also fined not less than 10,000 yuan but not more than 100,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level. The limits of power to decide on treatment within a time limit and the administrative penalties for failing to meet the requirements for treatment within a time limit shall be prescribed by the State Council.

Article 49 Any unit or individual that, in violation of the provisions of Article 19 of this Law, produces, sells, imports or uses the equipment the production, sale, importation or use of which is prohibited or employs the techniques the employment of which is prohibited shall be ordered to make rectification by the competent department for comprehensive economic and trade affairs of the people's government at or above the county level; if the circumstances are serious, the said competent department shall put forward suggestions thereon and submit them to the people's government at the corresponding level, which shall, within the limits of power prescribed by the State Council, order the violator to suspend operation or close down.

Any unit or individual that transfers eliminated equipment to another person for use, the illegal earnings therefrom shall be confiscated by the administrative department for environmental protection or any other department exercising the power of supervision according to law under the local people's government at or above the county level, and the unit or individual shall also be fined not more than twice of the illegal earnings.

Article 50 Any unit that, in violation of the provisions of the third paragraph of Article 24 of this Law, mines the coal containing toxic or harmful substances, such as radioactive and arsenic substances, that exceed the prescribed limits, shall be ordered to close down by the people's government at or above the county level within the limits of power prescribed by the State Council.

Article 51 Any unit or individual that, in violation of the provisions of the second paragraph of Article 25 or the first paragraph of Article 29 of this Law, continues to use the seriously polluting fuels at the expiration of the time limit prescribed by the local people's government shall be ordered to dismantle the installations for consumption of the seriously polluting fuels, or such installations shall be confiscated, by the administrative department for environmental protection under the local people's government at or above the county level.

Article 52 Any unit that, in violation of the provisions of Article 28 of this Law, installs coal heating boilers in the urban areas covered by central heating pipelines or networks shall be ordered to discontinue the violation or make rectification within a time limit and may be fined not more than 50,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level.

Article 53 Any unit or individual that, in violation of the provisions of Article 32 of this Law, manufactures, sells or imports motor vehicles or vessels that discharge pollutants in excess of the prescribed norms shall be ordered by the department exercising the power of supervision according to law to discontinue the violation, the said department shall confiscate the illegal gains, if any, and may also impose a fine of not more than the illegal gains; the motor vehicles and vessels that cannot be made to meet the prescribed norms for pollutants discharge shall be confiscated and destroyed.

Article 54 Any unit or individual that, in violation of the provisions of the second paragraph of Article 34 of this Law, fails to discontinue the manufacture, importation or sale of leaded gasoline within the time limit prescribed by the State Council shall be ordered by the administrative department for environmental protection or any other department exercising the power of supervision according to law under the local people's government at or above the county level to discontinue the violation, and the said department shall confiscate the said gasoline and the illegal gains.

Article 55 Any unit that, in violation of the provisions of the first or the second paragraph of Article 35 of this Law, conducts test of motor vehicle or vessels for their emission of fumes, without authorization of the administrative department for environmental protection under the people's government of a province, autonomous region or municipality directly under the Central Government or the authorization of the department of transportation or fishery or any other department exercising the power of supervision according to law, or practices fraud in the test, shall be ordered to discontinue the violation and make rectification within a time limit and may be fined not more than 50,000 yuan by the administrative department for environmental protection under the people's government at or above the county level or the department of transportation or fishery or any other department exercising the power of supervision according to law; if the circumstances are serious, the unit shall be disqualified to under take annual test of motor vehicles or vessels by the authorities that verified its qualifications.

Article 56 Any unit or individual that violates this Law shall, for any of the following acts, be ordered to discontinue the violation and make rectification within a time limit and may be fined not more than 50,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level or any other department exercising the power of supervision according to law:

(1) discharging dust, malodorous gases or other gases containing toxic substances into the atmosphere without taking any effective measures to prevent and control pollution;

(2) discharging into the atmosphere converter gas, acetylene, yellow phosphoric tail gas engendered by electric furnace process, or organic hydrocarbon tail gas without approval by the local administrative department for environmental protection;

(3) transporting, loading and unloading, and storing substances that diffuse toxic or harmful gases or dust without adopting sealing or other protective measures; or

(4) where people providing catering services in cities fail to adopt effective measures to prevent and control pollution, so than the soot discharged pollutes the residential environment in the neighbourhood.

Article 57 Any unit or individual that, in violation of the provisions of the first paragraph of Article 41 of this Law, burns asphalt, asphalt felt, rubber, plastics, leather, garbage or other substances that produce toxic or harmful smoke or dust or malodorous gases in densely inhabited areas or other areas that need special protection according to law shall be ordered to discontinue the violation and be fined not more than 20,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level.

Any unit or individual that, in violation of the second paragraph of Article 41 of this Law, burns in the open air stalks, fallen leaves or other substances that will cause smoke or dust pollution in densely inhabited areas, the areas around the airports, the areas in the vicinity of main traffic arteries or the areas designated by the local people's government shall be ordered to discontinue the violation by the administrative department for environmental protection under the local people's government at or above the county level; if the circumstances are serious, the unit or individual may be fined not more than 200 yuan.

Article 58 Any unit that, in violation of the provisions of the second paragraph of Article 43 of this Law, engages in construction or other activities that generate dust pollution in the urban areas of a city but fails to take effective measures to prevent and control dust pollution, thus causing pollution to the atmospheric environment shall make rectification within a time limit and be fined not more than 20,000 yuan; if, at the expiration of the time limit, it fails to meet the requirements prescribed in the local regulations on environmental protection, it may be ordered to suspend construction or other activities for rectification.

The punishment for dust pollution caused by construction as provided for in the preceding paragraph shall be decided by the administrative department for construction under the local people's government at or above the county level; the punishment for dust pollution caused by other activities shall be decided by the relevant department designated by the said government.

Article 59 Any unit that, in violation of the provisions of the second paragraph of Article 45 of this Law, manufactures or imports, within the time limit prescribed by the State but in excess of the quotas approved by the relevant administrative department under the State Council, products that deplete substances of the ozone layer shall be fined not less than 20,000 yuan but not more than 200,000 yuan by the relevant local administrative department under the people's government of a province, autonomous region or municipality directly under the Central Government; if the circumstances are serious, the manufacture or import quotas shall be revoked by the relevant administrative department under the State Council.

Article 60 Any unit that violates the provisions of this Law shall, for any of the following acts, be ordered to be equipped with supporting facilities within a time limit and may be fined not less than 20,000 yuan but not more than 200,000 yuan by the administrative department for environmental protection under the people's government at or above the county level:

(1) Failing to install the supporting facilities for the dressing of coal by washing in accordance with relevant State regulations, where the coal mined from a new coal mine being of high-sulfur or high-ash is concerned;

(2) Failing to install the desulphurizing installations or take other measures for desulphurization in accordance with relevant State regulations, where an enterprise that discharges sulphide-bearing gas in the process of refining petroleum, producing synthetic ammonia or coal gas, cooking fuel coal or smelting non-ferrous metal is concerned.

Article 61 Any enterprise or institution that, in violation of the provisions of this Law, causes an atmospheric pollution accident shall be fined not more than 50 percent of the direct economic losses thus occasioned but not more than the maximum of 500,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level on the basis of the damages inflicted. If the circumstances are relatively serious, the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions or disciplinary punishment according to law by the unit to which they belong or by the competent authority at a higher level. Where a major atmospheric pollution accident is caused that leads to any grave consequences resulting in heavy public or private property losses or serious personal injuries or deaths, and if a crime is constituted, criminal responsibility shall be investigated in accordance with law.

Article 62 Any unit that causes an atmospheric pollution hazard shall have the responsibility of removing the hazard and of making compensation to the units or individuals that have suffered direct losses.

A dispute over the liability to make compensation or the amount of compensation may, at the request of the parties, be settled through mediation by an administrative department for environmental protection; if mediation fails, the party may bring a suit before a people's court. The party may also bring a suit before the people's court directly.

Article 63 Where atmospheric pollution losses are caused absolutely by irresistible natural disasters and cannot be averted even if reasonable measures are promptly taken, the party concerned shall be exempted from liability.

Article 64 Where an administrative department for environmental protection or any other relevant department, in violation of the provisions of the third paragraph of Article 14 of this Law, misappropriates the fees collected for discharge of pollutants for other purposes, the auditing or supervisory authorities shall order it to refund the money misappropriated or shall take other measures to recover the money, and the persons who are directly in charge and the other persons who are directly responsible for the violation shall be given administrative sanctions according to law.

Article 65 Any supervisor for environmental protection who abuses his power or neglects his duty shall be given administrative sanction; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 66 This Law shall go into effect as of September 1, 2000.