Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution
Publishdate：2015-07-06 Views：41
The Air Pollution Prevention and Control Law of the People's Republic of China was revised and passed at the 15th meeting of the Standing Committee of the 9th National People's Congress on April 29, 2000. The revised Air Pollution Prevention and Control Law of the People's Republic of China is now promulgated and will come into effect on September 1, 2000.
April 29th, 2000
Table of contents
Chapter General Provisions
Chapter 2 Supervision and Management of Air Pollution Prevention and Control
Chapter 3 Prevention and Control of Air Pollution Caused by Coal Combustion
Chapter 4 Prevention and Control of Pollution from Motor Vehicles and Ships
Chapter 5 Prevention and Control of Waste Gas, Dust, and Odor Pollution
Chapter 6 Legal Liability
Chapter 7 Supplementary Provisions
Chapter General Provisions
Article: In order to prevent and control air pollution, protect and improve the living and ecological environment, safeguard human health, and promote sustainable economic and social development, this Law is formulated.
Article 2: The State Council and local people's governments at all levels must incorporate atmospheric environmental protection work into the national economic and social development plan, reasonably plan industrial layout, strengthen scientific research on the prevention and control of atmospheric pollution, take measures to prevent and control atmospheric pollution, and protect and improve the atmospheric environment.
Article 3: Take measures to systematically control or gradually reduce the total emissions of major atmospheric pollutants in various regions.
Local governments at all levels are responsible for the atmospheric environment quality in their jurisdiction, formulate plans, and take measures to ensure that the atmospheric environment quality in their jurisdiction meets the prescribed standards.
Article 4: The environmental protection administrative department of the people's government at or above the county level shall implement unified supervision and management of the prevention and control of air pollution.
Public security, transportation, railway, and fishery management departments at all levels shall, in accordance with their respective responsibilities, supervise and manage air pollution caused by motor vehicles and ships.
Other relevant competent departments of the people's governments at or above the county level shall supervise and manage the prevention and control of air pollution within their respective scope of responsibilities.
Article 5: All units and individuals have the obligation to protect the atmospheric environment and have the right to report and accuse units and individuals who pollute the atmospheric environment.
Article 6: The administrative department in charge of environmental protection under the State Council shall formulate atmospheric environmental quality standards. The people's governments of provinces, autonomous regions, and municipalities directly under the central government may formulate local standards for items that are not specified in the atmospheric environmental quality standards, and report them to the competent administrative department of environmental protection under the State Council for the record.
Article 7: The administrative department in charge of environmental protection under the State Council shall formulate emission standards for atmospheric pollutants based on atmospheric environmental quality standards and economic and technological conditions.
The people's governments of provinces, autonomous regions, and municipalities directly under the central government may formulate local emission standards for items that are not specified in the atmospheric pollutant emission standards; Local emission standards that are stricter than the emission standards can be established for projects that have already been specified in the atmospheric pollutant emission standards. Local emission standards must be filed with the competent administrative department of environmental protection under the State Council.
If the people's governments of provinces, autonomous regions, and municipalities directly under the central government formulate local emission standards for air pollutants from motor vehicles and ships that are stricter than the emission standards, they must obtain approval from the State Council.
Any discharge of atmospheric pollutants into areas with existing local emission standards shall comply with local emission standards.
Article 8: Adopt economic and technological policies and measures that are conducive to the prevention and control of air pollution and related comprehensive utilization activities.
Units and individuals who have made remarkable achievements in preventing and controlling air pollution, protecting and improving the atmospheric environment shall be rewarded by the people's governments at all levels.
Article 9: Encourage and support scientific and technological research on air pollution prevention and control, and promote advanced and applicable air pollution prevention and control technologies; Encourage and support the development and utilization of clean energy such as solar energy, wind energy, and hydropower.
Encourage and support the development of the environmental protection industry.
Article 10: People's governments at all levels shall strengthen the planting of trees and grass, urban and rural greening work, take effective measures according to local conditions to do a good job in sand prevention and control, and improve the quality of the atmospheric environment.
Chapter 2 Supervision and Management of Air Pollution Prevention and Control
Article 10: Newly built, expanded, or renovated projects that discharge pollutants into the atmosphere must comply with the relevant regulations on environmental protection management for construction projects.
The environmental impact report of a construction project must evaluate the potential air pollution and its impact on the ecological environment, specify prevention and control measures, and submit it to the competent administrative department for environmental protection for review and approval in accordance with the prescribed procedures.
Before a construction project is put into production or use, its atmospheric pollution prevention and control facilities must undergo acceptance by the competent environmental protection administrative department. Construction projects that fail to meet the requirements of relevant environmental protection management regulations for construction projects shall not be put into production or use.
Article 12: Units that discharge pollutants into the atmosphere must, in accordance with the regulations of the environmental protection administrative department of the State Council, declare to the local environmental protection administrative department their pollutant discharge and treatment facilities, as well as the types, quantities, and concentrations of pollutants discharged under normal operating conditions, and provide relevant technical information on the prevention and control of atmospheric pollution.
If there are significant changes in the types, quantities, and concentrations of atmospheric pollutants discharged by the pollutant discharge units specified in the preceding paragraph, they shall report them in a timely manner; The atmospheric pollutant treatment facilities must be maintained for normal use, dismantled or left unused
Prior approval must be obtained from the environmental protection administrative department of the local people's government at or above the county level where it is located.
Article 13: Those who discharge pollutants into the atmosphere shall not exceed the emission standards set by the local authorities in terms of pollutant concentration.
Article 14: Implement a system of collecting pollutant discharge fees based on the types and quantities of pollutants discharged into the atmosphere, and reasonably formulate the collection standards for pollutant discharge fees in accordance with the requirements for strengthening the prevention and control of air pollution and the economic and technical conditions.
The collection of pollution discharge fees must comply with the prescribed standards, and the specific methods and implementation steps shall be prescribed by the State Council.
The collected pollution discharge fees shall be turned over to the finance department in accordance with the regulations of the State Council for the prevention and control of air pollution, and shall not be diverted for other purposes, and shall be subject to audit supervision by audit institutions in accordance with the law.
Article 15: The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may designate areas that have not yet met the prescribed atmospheric environmental quality standards, as well as acid rain control areas and sulfur dioxide pollution control areas approved by the State Council, as the main areas for controlling the total amount of atmospheric pollutant emissions. The specific measures for controlling the total emissions of major atmospheric pollutants shall be formulated by the State Council.
The relevant local people's governments within the total amount control zone of atmospheric pollutants shall, in accordance with the conditions and procedures stipulated by the State Council, and in accordance with the principles of openness, fairness, and impartiality, determine the total amount of major atmospheric pollutant emissions of enterprises and institutions, and issue major atmospheric pollutant emission permits.
Enterprises and institutions with the task of controlling the total amount of atmospheric pollutants must discharge pollutants in accordance with the approved total amount of major atmospheric pollutants and the emission conditions specified in the permit.
Article 16: Industrial production facilities that pollute the environment shall not be constructed in scenic spots, nature reserves, areas near cultural relics protection units, and other areas that require special protection designated by the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government; The construction of other facilities shall not exceed the prescribed emission standards for pollutants. Facilities that have been built by enterprises and institutions before the implementation of this Law and whose pollutant emissions exceed the prescribed emission standards shall be treated within a time limit in accordance with the provisions of Article 48 of this Law.
Article 17: The State Council shall designate key cities for the prevention and control of air pollution in accordance with the overall urban planning, environmental protection planning objectives, and the quality of urban atmospheric environment.
Municipalities directly under the central government, provincial capitals, coastal open cities, and key tourist cities should be listed as key cities for air pollution prevention and control.
Key cities for air pollution prevention and control that have not met the atmospheric environmental quality standards shall meet the atmospheric environmental quality standards within the time limit specified by the State Council or the competent administrative department for environmental protection under the State Council. The people's government of the city shall formulate a plan to meet the standards within a specified period, and may take stricter measures in accordance with the authorization or regulations of the State Council to achieve the plan on schedule.
Article 18 The administrative department in charge of environmental protection under the State Council, in conjunction with relevant departments under the State Council, may, based on natural conditions such as meteorology, terrain, and soil, designate areas that have already or may produce acid rain or other areas with severe sulfur dioxide pollution as acid rain control areas or sulfur dioxide pollution control areas after approval by the State Council.
Article 19 Enterprises shall first adopt clean production processes with high energy utilization efficiency and low pollutant emissions to reduce the generation of atmospheric pollutants.
Implement an elimination system for outdated production processes and equipment that seriously pollute the atmospheric environment.
The comprehensive economic department of the State Council, in conjunction with relevant departments of the State Council, shall publish a list of processes that seriously pollute the atmospheric environment and a list of equipment that is prohibited from production, sale, import, or use within a specified period of time.
Producers, sellers, importers, or users must stop producing, selling, importing, or using equipment listed in the preceding paragraph within the time limit specified by the competent department of the State Council in conjunction with relevant departments of the State Council. The adopters of production processes must stop using the processes listed in the preceding paragraph within the time limit specified by the competent department of the State Council in conjunction with relevant departments of the State Council.
Equipment that has been phased out in accordance with the provisions of the first two paragraphs shall not be transferred to others for use.
Article 20: If a unit releases or leaks toxic and harmful gases and radioactive substances due to accidents or other sudden events, causing or potentially causing air pollution accidents and endangering human health, it must immediately take emergency measures to prevent and control air pollution hazards, notify units and residents who may be affected by air pollution hazards, and report to the local environmental protection administrative department for investigation and handling.
In emergency situations where the atmosphere is severely polluted and endangers human health and safety, the local people's government shall promptly announce to the local residents and take mandatory emergency measures, including ordering relevant polluting units to stop discharging pollutants.
Article 20 The administrative department in charge of environmental protection and other supervisory and management departments have the right to conduct on-site inspections of pollutant discharge units within their jurisdiction. The inspected units must truthfully report the situation and provide necessary information. The inspection department has the obligation to keep confidential the technical and business secrets of the inspected unit.
Article 22: The administrative department in charge of environmental protection under the State Council shall establish an air pollution monitoring system, organize a monitoring network, and formulate unified monitoring methods.
Article 23: The environmental protection administrative departments of the people's governments of large and medium-sized cities shall regularly issue bulletins on the status of atmospheric environment quality and gradually carry out atmospheric environment quality forecasting work.
The report on the quality of atmospheric environment should include the characteristics of urban atmospheric pollution, the types of main pollutants, and the degree of pollution hazards.
Chapter 3 Prevention and Control of Air Pollution Caused by Coal Combustion
Article 24: Promote coal washing and processing, reduce the sulfur and ash content of coal, and restrict the mining of high sulfur and high ash coal. The newly constructed coal mines belong to high sulfur and high ash coal mines, and supporting coal washing facilities must be built to ensure that the sulfur and ash content in the coal meets the prescribed standards.
For coal mines with high sulfur and high ash content that have already been built, supporting coal washing facilities shall be built within a specified time limit in accordance with the plan approved by the State Council.
It is prohibited to mine coal containing toxic and harmful substances such as radioactive and arsenic that exceed the prescribed standards.
Article 25: Relevant departments of the State Council and local governments at all levels shall take measures to improve the urban energy structure and promote the production and use of clean energy.
The people's governments of key cities for air pollution prevention and control may designate areas within their jurisdiction that prohibit the sale and use of highly polluting fuels as prescribed by the competent administrative department of environmental protection under the State Council. Units and individuals in this area should stop using highly polluting fuels and switch to natural gas, liquefied petroleum gas, electricity, or other clean energy sources within the time limit specified by the local people's government.
Article 26: Adopt economic and technological policies and measures that are conducive to the clean utilization of coal, encourage and support the use of high-quality coal with low sulfur and low ash content, and encourage and support the development and promotion of clean coal technology.
Article 27: The relevant competent departments of the State Council shall, in accordance with the prescribed emission standards for atmospheric pollutants from boilers, establish corresponding requirements in the quality standards for boiler products; Boilers that do not meet the prescribed requirements shall not be manufactured, sold or imported.
Article 28 Urban construction shall be planned comprehensively, and in coal-fired heating areas, heat sources shall be uniformly solved and centralized heating shall be developed. In areas covered by centralized heating pipelines, it is not allowed to build new coal-fired heating boilers.
Article 29: The people's governments of large and medium-sized cities shall formulate plans to limit the use of natural gas, liquefied petroleum gas, electricity, or other clean energy by catering service enterprises.
For other civilian stoves in urban areas of large and medium-sized cities that have not been designated as areas prohibited from using high polluting fuels, they shall be required to switch to fixed sulfur coal or use other clean energy sources within a specified period of time.
Article 30: If new or expanded thermal power plants and other large and medium-sized enterprises that discharge sulfur dioxide exceed the prescribed pollutant emission standards or total control indicators, they must build supporting desulfurization and dust removal devices or take other measures to control sulfur dioxide emissions and dust removal.
In acid rain control areas and sulfur dioxide pollution control areas, if an established enterprise discharges atmospheric pollutants beyond the prescribed pollutant discharge standards, it shall be treated within a time limit in accordance with the provisions of Article 48 of this Law.
Encourage enterprises to adopt advanced desulfurization and dust removal technologies.
Enterprises should take control measures for nitrogen oxides generated during fuel combustion.
Article 30: When storing coal, coal gangue, coal slag, coal ash, sand, lime soil and other materials in densely populated areas, measures must be taken to prevent combustion and dust to prevent atmospheric pollution.
Chapter 4 Prevention and Control of Pollution from Motor Vehicles and Ships
Article 32: Motor vehicles and ships shall not discharge pollutants into the atmosphere exceeding the prescribed emission standards.
No unit or individual shall manufacture, sell or import motor vehicles or vessels that emit pollutants exceeding the prescribed emission standards.
Article 33: If a motor vehicle in use does not meet the pollutant emission standards of the motor vehicle in use at the time of manufacture, it shall not be driven on the road.
If the people's governments of provinces, autonomous regions, and municipalities directly under the central government stipulate the implementation of new pollutant emission standards for motor vehicles in use and their renovation, they must obtain approval from the State Council.
Motor vehicle maintenance units shall carry out maintenance in accordance with the requirements for preventing and controlling air pollution and relevant technical specifications, so that in use motor vehicles meet the prescribed pollutant emission standards.
Article 34: Encourage the production and consumption of motor vehicles and ships using clean energy.
Encourage and support the production and use of high-quality fuel oil, and take measures to reduce the pollution of harmful substances in fuel oil to the atmospheric environment. Units and individuals shall stop producing, importing, and selling leaded gasoline within the time limit prescribed by the State Council.
Article 35: The administrative department in charge of environmental protection of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may entrust units that have obtained qualifications recognized by public security organs to undertake annual inspections of motor vehicles to conduct annual inspections of motor vehicle exhaust pollution in accordance with regulations.
Departments with supervisory and management powers such as transportation and fisheries may entrust units that have obtained qualifications from relevant competent authorities to undertake annual inspections of motor vessels, and conduct annual inspections of exhaust pollution from motor vessels in accordance with regulations.
The environmental protection administrative department of the local people's government at or above the county level may supervise and conduct sampling tests on the pollutant emissions of motor vehicles in use at the parking areas of motor vehicles.
Chapter 5 Prevention and Control of Waste Gas, Dust, and Odor Pollution
Article 36 Polluting units that discharge dust into the atmosphere must take dust removal measures.
Strictly restrict the discharge of exhaust gases and dust containing toxic substances into the atmosphere; If it is necessary to discharge, it must undergo purification treatment and not exceed the prescribed emission standards.
Article 37: Combustible gases generated in industrial production shall be recycled and reused. If they are discharged into the atmosphere without the conditions for recycling and reuse, pollution prevention and control measures shall be taken.
Emission of converter gas, calcium carbide gas, yellow phosphorus tail gas from electric furnace method, and organic hydrocarbons into the atmosphere
The discharge of converter gas, calcium carbide gas, yellow phosphorus tail gas from electric furnace method, and organic hydrocarbon tail gas into the atmosphere must be approved by the local environmental protection administrative department.
If the combustible gas recovery and utilization device cannot operate normally, it should be repaired or updated in a timely manner. If it is necessary to discharge combustible gases during the period when the recycling device cannot operate normally, the emitted combustible gases should be fully burned or other measures to reduce atmospheric pollution should be taken.
Article 38: In the process of refining petroleum, producing synthetic ammonia, coal gas, coal coking, and non-ferrous metal smelting, if sulfur containing gases are emitted, desulfurization devices or other desulfurization measures shall be equipped.
Article 39: The discharge of gases and aerosols containing radioactive substances into the atmosphere must comply with relevant regulations on radioactive protection and shall not exceed the prescribed discharge standards.
Article 40: Polluting units that discharge foul smelling gases into the atmosphere must take measures to prevent pollution in surrounding residential areas.
Article 40: In densely populated areas and other areas that require special protection according to law, it is prohibited to burn asphalt, felt, rubber, plastic, leather, garbage, and other substances that produce toxic and harmful smoke and odor.
It is prohibited to burn straw, fallen leaves, and other substances that produce smoke and dust pollution in densely populated areas, around airports, near transportation arteries, and areas designated by local governments.
In addition to the first two items, the urban people's government can also take other measures to prevent and control smoke and dust pollution according to the actual situation.
Article 42: For transportation, loading and unloading, and storage of substances that can emit toxic and harmful gases or dust, sealing measures or other protective measures must be taken.
Article 43: Urban people's governments shall adopt measures such as greening responsibility system, strengthening construction management, expanding ground paving area, controlling slag stacking and clean transportation, etc., to increase per capita green space area, reduce exposed ground and ground dust in urban areas, and prevent and control urban dust pollution.
Units engaged in construction or other activities that generate dust pollution in urban areas must take measures to prevent and control dust pollution in accordance with local environmental protection regulations.
The relevant administrative departments of the State Council shall use the control status of urban dust pollution as the basis for the comprehensive assessment of urban environmental improvement.
Article 44: Operators of urban catering services must take measures to prevent and control the pollution caused by oil fumes to the living environment of nearby residents.
Article 45: Encourage and support the production and use of substitutes for ozone depleting substances, gradually reduce the production of ozone depleting substances, until the production and use of ozone depleting substances are stopped.
Within the prescribed time limit, units producing and importing ozone depleting substances must produce and import in accordance with the quotas approved by the relevant administrative departments of the State Council.
Chapter 6 Legal Liability
Article 46: If anyone violates the provisions of this Law and commits any of the following acts, the competent administrative department for environmental protection or the supervisory and management department specified in Article 4, Paragraph 2 of this Law may, based on different circumstances, order the cessation of the illegal act, make corrections within a time limit, give a warning, or impose a fine of not more than 50000 yuan:
Refusing to report or falsely reporting the relevant pollutant discharge declaration matters stipulated by the competent environmental protection administrative department of the State Council;
（2） Refusing on-site inspections by environmental protection administrative authorities or other supervisory and management departments, or engaging in fraudulent activities during inspections;
（3） Polluting units that improperly use atmospheric pollutant treatment facilities, or dismantle or idle atmospheric pollutant treatment facilities without approval from the competent environmental protection administrative department;
（4） Storing coal, coal gangue, coal slag, coal ash, sand and gravel, lime soil and other materials in densely populated areas without taking measures to prevent combustion and dust.
Article 47: If a construction project, in violation of the provisions of Article 10 of this Law, fails to complete its atmospheric pollution prevention and control facilities or fails to meet the requirements of relevant environmental protection management regulations, and is put into production or use, the environmental protection administrative department that approves the environmental impact report of the construction project shall order it to stop production or use and may also impose a fine of not less than 10000 yuan but not more than 100000 yuan.
Article 48: Those who violate the provisions of this Law by discharging pollutants into the atmosphere exceeding the local discharge standards shall be ordered to rectify the situation within a specified time limit, and shall be fined not less than 10000 yuan but not more than 100000 yuan by the environmental protection administrative department of the local people's government at or above the county level. The decision-making authority for time limited governance and administrative penalties for violating the requirements of time limited governance shall be prescribed by the State Council.
Article 49: Those who, in violation of the provisions of Article 19 of this Law, produce, sell, import, or use equipment that is prohibited from being produced, sold, imported, or used, or adopt prohibited processes, shall be ordered by the comprehensive economic department of the people's government at or above the county level to make corrections; If the circumstances are serious, the economic comprehensive management department of the people's government at or above the county level shall put forward opinions and report to the people's government at the same level to order suspension of business or closure in accordance with the authority prescribed by the State Council.
If the eliminated equipment is transferred to others for use, the environmental protection administrative department of the local people's government at or above the county level or other departments exercising supervision and management power in accordance with the law shall confiscate the illegal gains of the transferor and impose a fine of not more than twice the illegal gains.
Article 50: Those who violate the provisions of the third paragraph of Article 24 of this Law by mining coal containing toxic and harmful substances such as radioactive and arsenic that exceed the prescribed standards shall be ordered to close by the people's government at or above the county level in accordance with the authority prescribed by the State Council.
Article 50: If anyone violates the provisions of Article 25, Paragraph 2 or Article 29, Paragraph 2 of this Law and continues to use highly polluting fuels after the deadline specified by the local people's government has expired, the environmental protection administrative department of the local people's government at or above the county level shall order the dismantling or confiscation of the facilities that use highly polluting fuels.
Article 52: Those who, in violation of the provisions of Article 28 of this Law, construct coal-fired heating boilers in areas covered by urban centralized heating networks shall be ordered by the environmental protection administrative department of the local people's government at or above the county level to stop the illegal act or make corrections within a time limit, and may be fined not more than 50000 yuan.
Article 53: Whoever, in violation of the provisions of Article 32 of this Law, manufactures, sells, or imports motor vehicles or vessels that exceed the pollutant discharge standards shall be ordered by the department exercising supervision and management power in accordance with the law to stop the illegal act, confiscate the illegal gains, and may also be fined not more than times the illegal gains; Motor vehicles and ships that fail to meet the prescribed pollutant emission standards shall be confiscated and destroyed.
Article 54: If anyone violates the provisions of Article 34, Paragraph 2 of this Law by failing to stop the production, import, or sale of leaded gasoline within the time limit prescribed by the State Council, the environmental protection administrative department of the local people's government at or above the county level or other departments exercising supervisory and management powers in accordance with the law shall order the cessation of the illegal act, confiscate the leaded gasoline produced, imported, or sold, and the illegal gains.
Article 55: If a person violates the provisions of Article 35, Paragraph or Paragraph 2 of this Law by conducting motor vehicle and vessel exhaust pollution testing without authorization from the environmental protection administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government, or from the transportation, fishery and other departments exercising supervisory and management powers in accordance with the law, or engages in fraud during the testing, the environmental protection administrative department of the people's government at or above the county level or the transportation The fishing administration and other departments that exercise their supervisory and management powers in accordance with the law shall order the cessation of illegal activities, make corrections within a time limit, and may impose a fine of no more than 50000 yuan; If the circumstances are serious, the department responsible for qualification recognition shall cancel the qualification to undertake the annual inspection of motor vehicles and ships.
Article 56: Those who violate the provisions of this Law and engage in any of the following behaviors shall be ordered by the environmental protection administrative department of the local people's government at or above the county level or other departments exercising supervision and management power in accordance with the law to stop the illegal behavior, make corrections within a time limit, and may be fined up to 50000 yuan:
() Without taking effective pollution prevention and control measures, discharging dust, odorous gases, or other gases containing toxic substances into the atmosphere;
（2） Emissions of converter gas, calcium carbide gas, yellow phosphorus tail gas from electric furnace method, and organic hydrocarbon tail gas into the atmosphere without approval from the local environmental protection administrative department;
（3） Transportation, loading and unloading, or storage of substances that can emit toxic and harmful gases or dust without taking sealing or other protective measures;
（4） The operators of the urban catering service industry have not taken effective pollution prevention and control measures, resulting in the emission of oil fumes that pollute the living environment of nearby residents.
Article 57: Whoever, in violation of the provisions of the first paragraph of Article 40 of this Law, burns asphalt, felt, rubber, plastic, leather, garbage, and other substances that produce toxic and harmful smoke and odor in densely populated areas and other areas that require special protection according to law shall be ordered by the environmental protection administrative department of the local people's government at or above the county level to stop the illegal act and fined not more than 20000 yuan.
Those who violate the provisions of the second paragraph of Article 40 of this Law by burning straw, fallen leaves, and other substances that produce smoke and dust pollution in densely populated areas, around airports, near transportation arteries, and within areas designated by the local people's government shall be ordered by the environmental protection administrative department of the local people's government at or above the county level to stop the illegal act; If the circumstances are serious, a fine of up to 200 yuan may be imposed.
Article 58: Those who, in violation of the provisions of the second paragraph of Article 43 of this Law, engage in construction or other activities that generate dust pollution in urban areas without taking effective dust prevention and control measures, resulting in pollution of the atmospheric environment, shall be ordered to make corrections within a time limit and fined not more than 20000 yuan; For those who fail to meet the requirements of local environmental protection regulations by the deadline, they may be ordered to stop work for rectification.
The punishment for dust pollution caused by construction as stipulated in the preceding paragraph shall be decided by the construction administrative department of the local people's government at or above the county level; The punishment for other causes of dust pollution shall be decided by the relevant competent department designated by the local people's government at or above the county level.
Article 59: If a person violates the provisions of the second paragraph of Article 45 of this Law by producing or importing ozone depleting substances exceeding the quota approved by the relevant administrative department of the State Council within the prescribed time limit, the relevant administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall impose a fine of not less than 20000 yuan but not more than 200000 yuan; If the circumstances are serious, the relevant administrative department of the State Council shall cancel the production and import quotas.
Article 60: If anyone violates the provisions of this Law and commits any of the following acts, the environmental protection administrative department of the people's government at or above the county level shall order the construction of supporting facilities within a specified time limit and may impose a fine of not less than 20000 yuan but not more than 200000 yuan:
() Newly constructed coal mines with high sulfur and high ash content that do not construct supporting coal washing facilities in accordance with relevant regulations;
（2） Enterprises engaged in petroleum refining, synthetic ammonia production, coal gas and coal-fired coking, as well as non-ferrous metal smelting that emit sulfide gases, fail to construct supporting desulfurization devices in accordance with relevant regulations or fail to take other desulfurization measures.
Article 60 For enterprises and institutions that violate the provisions of this Law and cause air pollution accidents, the environmental protection administrative department of the local people's government at or above the county level shall impose a fine of not more than 50% of the direct economic losses caused, but not more than 500000 yuan, based on the consequences of the harm caused; If the circumstances are serious, the directly responsible supervisor and other directly responsible personnel shall be given administrative or disciplinary sanctions by their unit or higher-level competent authority in accordance with the law; If a major air pollution accident is caused, resulting in serious consequences such as significant damage to public and private property or personal injury, and constitutes a crime, criminal responsibility shall be pursued in accordance with the law.
Article 62: Units that cause atmospheric pollution hazards shall have the responsibility to eliminate the hazards and compensate the units or individuals who directly suffer losses.
Disputes over compensation liability and compensation amount can be resolved through mediation by the environmental protection administrative department at the request of the parties involved; If mediation fails, the parties may bring a lawsuit to the people's court. The parties can also directly file a lawsuit with the people's court.
Article 63: If atmospheric pollution losses are caused solely by uncontrollable natural disasters and cannot be avoided even after timely and reasonable measures have been taken, they shall be exempted from liability.
Article 64 If the administrative department in charge of environmental protection or other relevant departments violate the provisions of Article 14, Paragraph 3 of this Law by misappropriating the collected pollution discharge fees, the auditing or supervisory organs shall order the refund of the misappropriated funds or take other measures to recover them, and the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions in accordance with the law.
Article 65: Environmental protection supervision and management personnel who abuse their power and neglect their duties shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.
Chapter 7 Supplementary Provisions
Article 66: This Law shall come into effect on September 1, 2000.
The Air Pollution Prevention and Control Law of the People's Republic of China was revised and passed at the 15th meeting of the Standing Committee of the 9th National People's Congress on April 29, 2000. The revised Air Pollution Prevention and Control Law of the People's Republic of China is now promulgated and will come into effect on September 1, 2000.
April 29th, 2000
Table of contents
Chapter General Provisions
Chapter 2 Supervision and Management of Air Pollution Prevention and Control
Chapter 3 Prevention and Control of Air Pollution Caused by Coal Combustion
Chapter 4 Prevention and Control of Pollution from Motor Vehicles and Ships
Chapter 5 Prevention and Control of Waste Gas, Dust, and Odor Pollution
Chapter 6 Legal Liability
Chapter 7 Supplementary Provisions
Chapter General Provisions
Article: In order to prevent and control air pollution, protect and improve the living and ecological environment, safeguard human health, and promote sustainable economic and social development, this Law is formulated.
Article 2: The State Council and local people's governments at all levels must incorporate atmospheric environmental protection work into the national economic and social development plan, reasonably plan industrial layout, strengthen scientific research on the prevention and control of atmospheric pollution, take measures to prevent and control atmospheric pollution, and protect and improve the atmospheric environment.
Article 3: Take measures to systematically control or gradually reduce the total emissions of major atmospheric pollutants in various regions.
Local governments at all levels are responsible for the atmospheric environment quality in their jurisdiction, formulate plans, and take measures to ensure that the atmospheric environment quality in their jurisdiction meets the prescribed standards.
Article 4: The environmental protection administrative department of the people's government at or above the county level shall implement unified supervision and management of the prevention and control of air pollution.
Public security, transportation, railway, and fishery management departments at all levels shall, in accordance with their respective responsibilities, supervise and manage air pollution caused by motor vehicles and ships.
Other relevant competent departments of the people's governments at or above the county level shall supervise and manage the prevention and control of air pollution within their respective scope of responsibilities.
Article 5: All units and individuals have the obligation to protect the atmospheric environment and have the right to report and accuse units and individuals who pollute the atmospheric environment.
Article 6: The administrative department in charge of environmental protection under the State Council shall formulate atmospheric environmental quality standards. The people's governments of provinces, autonomous regions, and municipalities directly under the central government may formulate local standards for items that are not specified in the atmospheric environmental quality standards, and report them to the competent administrative department of environmental protection under the State Council for the record.
Article 7: The administrative department in charge of environmental protection under the State Council shall formulate emission standards for atmospheric pollutants based on atmospheric environmental quality standards and economic and technological conditions.
The people's governments of provinces, autonomous regions, and municipalities directly under the central government may formulate local emission standards for items that are not specified in the atmospheric pollutant emission standards; Local emission standards that are stricter than the emission standards can be established for projects that have already been specified in the atmospheric pollutant emission standards. Local emission standards must be filed with the competent administrative department of environmental protection under the State Council.
If the people's governments of provinces, autonomous regions, and municipalities directly under the central government formulate local emission standards for air pollutants from motor vehicles and ships that are stricter than the emission standards, they must obtain approval from the State Council.
Any discharge of atmospheric pollutants into areas with existing local emission standards shall comply with local emission standards.
Article 8: Adopt economic and technological policies and measures that are conducive to the prevention and control of air pollution and related comprehensive utilization activities.
Units and individuals who have made remarkable achievements in preventing and controlling air pollution, protecting and improving the atmospheric environment shall be rewarded by the people's governments at all levels.
Article 9: Encourage and support scientific and technological research on air pollution prevention and control, and promote advanced and applicable air pollution prevention and control technologies; Encourage and support the development and utilization of clean energy such as solar energy, wind energy, and hydropower.
Encourage and support the development of the environmental protection industry.
Article 10: People's governments at all levels shall strengthen the planting of trees and grass, urban and rural greening work, take effective measures according to local conditions to do a good job in sand prevention and control, and improve the quality of the atmospheric environment.
Chapter 2 Supervision and Management of Air Pollution Prevention and Control
Article 10: Newly built, expanded, or renovated projects that discharge pollutants into the atmosphere must comply with the relevant regulations on environmental protection management for construction projects.
The environmental impact report of a construction project must evaluate the potential air pollution and its impact on the ecological environment, specify prevention and control measures, and submit it to the competent administrative department for environmental protection for review and approval in accordance with the prescribed procedures.
Before a construction project is put into production or use, its atmospheric pollution prevention and control facilities must undergo acceptance by the competent environmental protection administrative department. Construction projects that fail to meet the requirements of relevant environmental protection management regulations for construction projects shall not be put into production or use.
Article 12: Units that discharge pollutants into the atmosphere must, in accordance with the regulations of the environmental protection administrative department of the State Council, declare to the local environmental protection administrative department their pollutant discharge and treatment facilities, as well as the types, quantities, and concentrations of pollutants discharged under normal operating conditions, and provide relevant technical information on the prevention and control of atmospheric pollution.
If there are significant changes in the types, quantities, and concentrations of atmospheric pollutants discharged by the pollutant discharge units specified in the preceding paragraph, they shall report them in a timely manner; The atmospheric pollutant treatment facilities must be maintained for normal use, dismantled or left unused
Prior approval must be obtained from the environmental protection administrative department of the local people's government at or above the county level where it is located.
Article 13: Those who discharge pollutants into the atmosphere shall not exceed the emission standards set by the local authorities in terms of pollutant concentration.
Article 14: Implement a system of collecting pollutant discharge fees based on the types and quantities of pollutants discharged into the atmosphere, and reasonably formulate the collection standards for pollutant discharge fees in accordance with the requirements for strengthening the prevention and control of air pollution and the economic and technical conditions.
The collection of pollution discharge fees must comply with the prescribed standards, and the specific methods and implementation steps shall be prescribed by the State Council.
The collected pollution discharge fees shall be turned over to the finance department in accordance with the regulations of the State Council for the prevention and control of air pollution, and shall not be diverted for other purposes, and shall be subject to audit supervision by audit institutions in accordance with the law.
Article 15: The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may designate areas that have not yet met the prescribed atmospheric environmental quality standards, as well as acid rain control areas and sulfur dioxide pollution control areas approved by the State Council, as the main areas for controlling the total amount of atmospheric pollutant emissions. The specific measures for controlling the total emissions of major atmospheric pollutants shall be formulated by the State Council.
The relevant local people's governments within the total amount control zone of atmospheric pollutants shall, in accordance with the conditions and procedures stipulated by the State Council, and in accordance with the principles of openness, fairness, and impartiality, determine the total amount of major atmospheric pollutant emissions of enterprises and institutions, and issue major atmospheric pollutant emission permits.
Enterprises and institutions with the task of controlling the total amount of atmospheric pollutants must discharge pollutants in accordance with the approved total amount of major atmospheric pollutants and the emission conditions specified in the permit.
Article 16: Industrial production facilities that pollute the environment shall not be constructed in scenic spots, nature reserves, areas near cultural relics protection units, and other areas that require special protection designated by the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government; The construction of other facilities shall not exceed the prescribed emission standards for pollutants. Facilities that have been built by enterprises and institutions before the implementation of this Law and whose pollutant emissions exceed the prescribed emission standards shall be treated within a time limit in accordance with the provisions of Article 48 of this Law.
Article 17: The State Council shall designate key cities for the prevention and control of air pollution in accordance with the overall urban planning, environmental protection planning objectives, and the quality of urban atmospheric environment.
Municipalities directly under the central government, provincial capitals, coastal open cities, and key tourist cities should be listed as key cities for air pollution prevention and control.
Key cities for air pollution prevention and control that have not met the atmospheric environmental quality standards shall meet the atmospheric environmental quality standards within the time limit specified by the State Council or the competent administrative department for environmental protection under the State Council. The people's government of the city shall formulate a plan to meet the standards within a specified period, and may take stricter measures in accordance with the authorization or regulations of the State Council to achieve the plan on schedule.
Article 18 The administrative department in charge of environmental protection under the State Council, in conjunction with relevant departments under the State Council, may, based on natural conditions such as meteorology, terrain, and soil, designate areas that have already or may produce acid rain or other areas with severe sulfur dioxide pollution as acid rain control areas or sulfur dioxide pollution control areas after approval by the State Council.
Article 19 Enterprises shall first adopt clean production processes with high energy utilization efficiency and low pollutant emissions to reduce the generation of atmospheric pollutants.
Implement an elimination system for outdated production processes and equipment that seriously pollute the atmospheric environment.
The comprehensive economic department of the State Council, in conjunction with relevant departments of the State Council, shall publish a list of processes that seriously pollute the atmospheric environment and a list of equipment that is prohibited from production, sale, import, or use within a specified period of time.
Producers, sellers, importers, or users must stop producing, selling, importing, or using equipment listed in the preceding paragraph within the time limit specified by the competent department of the State Council in conjunction with relevant departments of the State Council. The adopters of production processes must stop using the processes listed in the preceding paragraph within the time limit specified by the competent department of the State Council in conjunction with relevant departments of the State Council.
Equipment that has been phased out in accordance with the provisions of the first two paragraphs shall not be transferred to others for use.
Article 20: If a unit releases or leaks toxic and harmful gases and radioactive substances due to accidents or other sudden events, causing or potentially causing air pollution accidents and endangering human health, it must immediately take emergency measures to prevent and control air pollution hazards, notify units and residents who may be affected by air pollution hazards, and report to the local environmental protection administrative department for investigation and handling.
In emergency situations where the atmosphere is severely polluted and endangers human health and safety, the local people's government shall promptly announce to the local residents and take mandatory emergency measures, including ordering relevant polluting units to stop discharging pollutants.
Article 20 The administrative department in charge of environmental protection and other supervisory and management departments have the right to conduct on-site inspections of pollutant discharge units within their jurisdiction. The inspected units must truthfully report the situation and provide necessary information. The inspection department has the obligation to keep confidential the technical and business secrets of the inspected unit.
Article 22: The administrative department in charge of environmental protection under the State Council shall establish an air pollution monitoring system, organize a monitoring network, and formulate unified monitoring methods.
Article 23: The environmental protection administrative departments of the people's governments of large and medium-sized cities shall regularly issue bulletins on the status of atmospheric environment quality and gradually carry out atmospheric environment quality forecasting work.
The report on the quality of atmospheric environment should include the characteristics of urban atmospheric pollution, the types of main pollutants, and the degree of pollution hazards.
Chapter 3 Prevention and Control of Air Pollution Caused by Coal Combustion
Article 24: Promote coal washing and processing, reduce the sulfur and ash content of coal, and restrict the mining of high sulfur and high ash coal. The newly constructed coal mines belong to high sulfur and high ash coal mines, and supporting coal washing facilities must be built to ensure that the sulfur and ash content in the coal meets the prescribed standards.
For coal mines with high sulfur and high ash content that have already been built, supporting coal washing facilities shall be built within a specified time limit in accordance with the plan approved by the State Council.
It is prohibited to mine coal containing toxic and harmful substances such as radioactive and arsenic that exceed the prescribed standards.
Article 25: Relevant departments of the State Council and local governments at all levels shall take measures to improve the urban energy structure and promote the production and use of clean energy.
The people's governments of key cities for air pollution prevention and control may designate areas within their jurisdiction that prohibit the sale and use of highly polluting fuels as prescribed by the competent administrative department of environmental protection under the State Council. Units and individuals in this area should stop using highly polluting fuels and switch to natural gas, liquefied petroleum gas, electricity, or other clean energy sources within the time limit specified by the local people's government.
Article 26: Adopt economic and technological policies and measures that are conducive to the clean utilization of coal, encourage and support the use of high-quality coal with low sulfur and low ash content, and encourage and support the development and promotion of clean coal technology.
Article 27: The relevant competent departments of the State Council shall, in accordance with the prescribed emission standards for atmospheric pollutants from boilers, establish corresponding requirements in the quality standards for boiler products; Boilers that do not meet the prescribed requirements shall not be manufactured, sold or imported.
Article 28 Urban construction shall be planned comprehensively, and in coal-fired heating areas, heat sources shall be uniformly solved and centralized heating shall be developed. In areas covered by centralized heating pipelines, it is not allowed to build new coal-fired heating boilers.
Article 29: The people's governments of large and medium-sized cities shall formulate plans to limit the use of natural gas, liquefied petroleum gas, electricity, or other clean energy by catering service enterprises.
For other civilian stoves in urban areas of large and medium-sized cities that have not been designated as areas prohibited from using high polluting fuels, they shall be required to switch to fixed sulfur coal or use other clean energy sources within a specified period of time.
Article 30: If new or expanded thermal power plants and other large and medium-sized enterprises that discharge sulfur dioxide exceed the prescribed pollutant emission standards or total control indicators, they must build supporting desulfurization and dust removal devices or take other measures to control sulfur dioxide emissions and dust removal.
In acid rain control areas and sulfur dioxide pollution control areas, if an established enterprise discharges atmospheric pollutants beyond the prescribed pollutant discharge standards, it shall be treated within a time limit in accordance with the provisions of Article 48 of this Law.
Encourage enterprises to adopt advanced desulfurization and dust removal technologies.
Enterprises should take control measures for nitrogen oxides generated during fuel combustion.
Article 30: When storing coal, coal gangue, coal slag, coal ash, sand, lime soil and other materials in densely populated areas, measures must be taken to prevent combustion and dust to prevent atmospheric pollution.
Chapter 4 Prevention and Control of Pollution from Motor Vehicles and Ships
Article 32: Motor vehicles and ships shall not discharge pollutants into the atmosphere exceeding the prescribed emission standards.
No unit or individual shall manufacture, sell or import motor vehicles or vessels that emit pollutants exceeding the prescribed emission standards.
Article 33: If a motor vehicle in use does not meet the pollutant emission standards of the motor vehicle in use at the time of manufacture, it shall not be driven on the road.
If the people's governments of provinces, autonomous regions, and municipalities directly under the central government stipulate the implementation of new pollutant emission standards for motor vehicles in use and their renovation, they must obtain approval from the State Council.
Motor vehicle maintenance units shall carry out maintenance in accordance with the requirements for preventing and controlling air pollution and relevant technical specifications, so that in use motor vehicles meet the prescribed pollutant emission standards.
Article 34: Encourage the production and consumption of motor vehicles and ships using clean energy.
Encourage and support the production and use of high-quality fuel oil, and take measures to reduce the pollution of harmful substances in fuel oil to the atmospheric environment. Units and individuals shall stop producing, importing, and selling leaded gasoline within the time limit prescribed by the State Council.
Article 35: The administrative department in charge of environmental protection of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may entrust units that have obtained qualifications recognized by public security organs to undertake annual inspections of motor vehicles to conduct annual inspections of motor vehicle exhaust pollution in accordance with regulations.
Departments with supervisory and management powers such as transportation and fisheries may entrust units that have obtained qualifications from relevant competent authorities to undertake annual inspections of motor vessels, and conduct annual inspections of exhaust pollution from motor vessels in accordance with regulations.
The environmental protection administrative department of the local people's government at or above the county level may supervise and conduct sampling tests on the pollutant emissions of motor vehicles in use at the parking areas of motor vehicles.
Chapter 5 Prevention and Control of Waste Gas, Dust, and Odor Pollution
Article 36 Polluting units that discharge dust into the atmosphere must take dust removal measures.
Strictly restrict the discharge of exhaust gases and dust containing toxic substances into the atmosphere; If it is necessary to discharge, it must undergo purification treatment and not exceed the prescribed emission standards.
Article 37: Combustible gases generated in industrial production shall be recycled and reused. If they are discharged into the atmosphere without the conditions for recycling and reuse, pollution prevention and control measures shall be taken.
Emission of converter gas, calcium carbide gas, yellow phosphorus tail gas from electric furnace method, and organic hydrocarbons into the atmosphere
The discharge of converter gas, calcium carbide gas, yellow phosphorus tail gas from electric furnace method, and organic hydrocarbon tail gas into the atmosphere must be approved by the local environmental protection administrative department.
If the combustible gas recovery and utilization device cannot operate normally, it should be repaired or updated in a timely manner. If it is necessary to discharge combustible gases during the period when the recycling device cannot operate normally, the emitted combustible gases should be fully burned or other measures to reduce atmospheric pollution should be taken.
Article 38: In the process of refining petroleum, producing synthetic ammonia, coal gas, coal coking, and non-ferrous metal smelting, if sulfur containing gases are emitted, desulfurization devices or other desulfurization measures shall be equipped.
Article 39: The discharge of gases and aerosols containing radioactive substances into the atmosphere must comply with relevant regulations on radioactive protection and shall not exceed the prescribed discharge standards.
Article 40: Polluting units that discharge foul smelling gases into the atmosphere must take measures to prevent pollution in surrounding residential areas.
Article 40: In densely populated areas and other areas that require special protection according to law, it is prohibited to burn asphalt, felt, rubber, plastic, leather, garbage, and other substances that produce toxic and harmful smoke and odor.
It is prohibited to burn straw, fallen leaves, and other substances that produce smoke and dust pollution in densely populated areas, around airports, near transportation arteries, and areas designated by local governments.
In addition to the first two items, the urban people's government can also take other measures to prevent and control smoke and dust pollution according to the actual situation.
Article 42: For transportation, loading and unloading, and storage of substances that can emit toxic and harmful gases or dust, sealing measures or other protective measures must be taken.
Article 43: Urban people's governments shall adopt measures such as greening responsibility system, strengthening construction management, expanding ground paving area, controlling slag stacking and clean transportation, etc., to increase per capita green space area, reduce exposed ground and ground dust in urban areas, and prevent and control urban dust pollution.
Units engaged in construction or other activities that generate dust pollution in urban areas must take measures to prevent and control dust pollution in accordance with local environmental protection regulations.
The relevant administrative departments of the State Council shall use the control status of urban dust pollution as the basis for the comprehensive assessment of urban environmental improvement.
Article 44: Operators of urban catering services must take measures to prevent and control the pollution caused by oil fumes to the living environment of nearby residents.
Article 45: Encourage and support the production and use of substitutes for ozone depleting substances, gradually reduce the production of ozone depleting substances, until the production and use of ozone depleting substances are stopped.
Within the prescribed time limit, units producing and importing ozone depleting substances must produce and import in accordance with the quotas approved by the relevant administrative departments of the State Council.
Chapter 6 Legal Liability
Article 46: If anyone violates the provisions of this Law and commits any of the following acts, the competent administrative department for environmental protection or the supervisory and management department specified in Article 4, Paragraph 2 of this Law may, based on different circumstances, order the cessation of the illegal act, make corrections within a time limit, give a warning, or impose a fine of not more than 50000 yuan:
Refusing to report or falsely reporting the relevant pollutant discharge declaration matters stipulated by the competent environmental protection administrative department of the State Council;
（2） Refusing on-site inspections by environmental protection administrative authorities or other supervisory and management departments, or engaging in fraudulent activities during inspections;
（3） Polluting units that improperly use atmospheric pollutant treatment facilities, or dismantle or idle atmospheric pollutant treatment facilities without approval from the competent environmental protection administrative department;
（4） Storing coal, coal gangue, coal slag, coal ash, sand and gravel, lime soil and other materials in densely populated areas without taking measures to prevent combustion and dust.
Article 47: If a construction project, in violation of the provisions of Article 10 of this Law, fails to complete its atmospheric pollution prevention and control facilities or fails to meet the requirements of relevant environmental protection management regulations, and is put into production or use, the environmental protection administrative department that approves the environmental impact report of the construction project shall order it to stop production or use and may also impose a fine of not less than 10000 yuan but not more than 100000 yuan.
Article 48: Those who violate the provisions of this Law by discharging pollutants into the atmosphere exceeding the local discharge standards shall be ordered to rectify the situation within a specified time limit, and shall be fined not less than 10000 yuan but not more than 100000 yuan by the environmental protection administrative department of the local people's government at or above the county level. The decision-making authority for time limited governance and administrative penalties for violating the requirements of time limited governance shall be prescribed by the State Council.
Article 49: Those who, in violation of the provisions of Article 19 of this Law, produce, sell, import, or use equipment that is prohibited from being produced, sold, imported, or used, or adopt prohibited processes, shall be ordered by the comprehensive economic department of the people's government at or above the county level to make corrections; If the circumstances are serious, the economic comprehensive management department of the people's government at or above the county level shall put forward opinions and report to the people's government at the same level to order suspension of business or closure in accordance with the authority prescribed by the State Council.
If the eliminated equipment is transferred to others for use, the environmental protection administrative department of the local people's government at or above the county level or other departments exercising supervision and management power in accordance with the law shall confiscate the illegal gains of the transferor and impose a fine of not more than twice the illegal gains.
Article 50: Those who violate the provisions of the third paragraph of Article 24 of this Law by mining coal containing toxic and harmful substances such as radioactive and arsenic that exceed the prescribed standards shall be ordered to close by the people's government at or above the county level in accordance with the authority prescribed by the State Council.
Article 50: If anyone violates the provisions of Article 25, Paragraph 2 or Article 29, Paragraph 2 of this Law and continues to use highly polluting fuels after the deadline specified by the local people's government has expired, the environmental protection administrative department of the local people's government at or above the county level shall order the dismantling or confiscation of the facilities that use highly polluting fuels.
Article 52: Those who, in violation of the provisions of Article 28 of this Law, construct coal-fired heating boilers in areas covered by urban centralized heating networks shall be ordered by the environmental protection administrative department of the local people's government at or above the county level to stop the illegal act or make corrections within a time limit, and may be fined not more than 50000 yuan.
Article 53: Whoever, in violation of the provisions of Article 32 of this Law, manufactures, sells, or imports motor vehicles or vessels that exceed the pollutant discharge standards shall be ordered by the department exercising supervision and management power in accordance with the law to stop the illegal act, confiscate the illegal gains, and may also be fined not more than times the illegal gains; Motor vehicles and ships that fail to meet the prescribed pollutant emission standards shall be confiscated and destroyed.
Article 54: If anyone violates the provisions of Article 34, Paragraph 2 of this Law by failing to stop the production, import, or sale of leaded gasoline within the time limit prescribed by the State Council, the environmental protection administrative department of the local people's government at or above the county level or other departments exercising supervisory and management powers in accordance with the law shall order the cessation of the illegal act, confiscate the leaded gasoline produced, imported, or sold, and the illegal gains.
Article 55: If a person violates the provisions of Article 35, Paragraph or Paragraph 2 of this Law by conducting motor vehicle and vessel exhaust pollution testing without authorization from the environmental protection administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government, or from the transportation, fishery and other departments exercising supervisory and management powers in accordance with the law, or engages in fraud during the testing, the environmental protection administrative department of the people's government at or above the county level or the transportation The fishing administration and other departments that exercise their supervisory and management powers in accordance with the law shall order the cessation of illegal activities, make corrections within a time limit, and may impose a fine of no more than 50000 yuan; If the circumstances are serious, the department responsible for qualification recognition shall cancel the qualification to undertake the annual inspection of motor vehicles and ships.
Article 56: Those who violate the provisions of this Law and engage in any of the following behaviors shall be ordered by the environmental protection administrative department of the local people's government at or above the county level or other departments exercising supervision and management power in accordance with the law to stop the illegal behavior, make corrections within a time limit, and may be fined up to 50000 yuan:
() Without taking effective pollution prevention and control measures, discharging dust, odorous gases, or other gases containing toxic substances into the atmosphere;
（2） Emissions of converter gas, calcium carbide gas, yellow phosphorus tail gas from electric furnace method, and organic hydrocarbon tail gas into the atmosphere without approval from the local environmental protection administrative department;
（3） Transportation, loading and unloading, or storage of substances that can emit toxic and harmful gases or dust without taking sealing or other protective measures;
（4） The operators of the urban catering service industry have not taken effective pollution prevention and control measures, resulting in the emission of oil fumes that pollute the living environment of nearby residents.
Article 57: Whoever, in violation of the provisions of the first paragraph of Article 40 of this Law, burns asphalt, felt, rubber, plastic, leather, garbage, and other substances that produce toxic and harmful smoke and odor in densely populated areas and other areas that require special protection according to law shall be ordered by the environmental protection administrative department of the local people's government at or above the county level to stop the illegal act and fined not more than 20000 yuan.
Those who violate the provisions of the second paragraph of Article 40 of this Law by burning straw, fallen leaves, and other substances that produce smoke and dust pollution in densely populated areas, around airports, near transportation arteries, and within areas designated by the local people's government shall be ordered by the environmental protection administrative department of the local people's government at or above the county level to stop the illegal act; If the circumstances are serious, a fine of up to 200 yuan may be imposed.
Article 58: Those who, in violation of the provisions of the second paragraph of Article 43 of this Law, engage in construction or other activities that generate dust pollution in urban areas without taking effective dust prevention and control measures, resulting in pollution of the atmospheric environment, shall be ordered to make corrections within a time limit and fined not more than 20000 yuan; For those who fail to meet the requirements of local environmental protection regulations by the deadline, they may be ordered to stop work for rectification.
The punishment for dust pollution caused by construction as stipulated in the preceding paragraph shall be decided by the construction administrative department of the local people's government at or above the county level; The punishment for other causes of dust pollution shall be decided by the relevant competent department designated by the local people's government at or above the county level.
Article 59: If a person violates the provisions of the second paragraph of Article 45 of this Law by producing or importing ozone depleting substances exceeding the quota approved by the relevant administrative department of the State Council within the prescribed time limit, the relevant administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall impose a fine of not less than 20000 yuan but not more than 200000 yuan; If the circumstances are serious, the relevant administrative department of the State Council shall cancel the production and import quotas.
Article 60: If anyone violates the provisions of this Law and commits any of the following acts, the environmental protection administrative department of the people's government at or above the county level shall order the construction of supporting facilities within a specified time limit and may impose a fine of not less than 20000 yuan but not more than 200000 yuan:
() Newly constructed coal mines with high sulfur and high ash content that do not construct supporting coal washing facilities in accordance with relevant regulations;
（2） Enterprises engaged in petroleum refining, synthetic ammonia production, coal gas and coal-fired coking, as well as non-ferrous metal smelting that emit sulfide gases, fail to construct supporting desulfurization devices in accordance with relevant regulations or fail to take other desulfurization measures.
Article 60 For enterprises and institutions that violate the provisions of this Law and cause air pollution accidents, the environmental protection administrative department of the local people's government at or above the county level shall impose a fine of not more than 50% of the direct economic losses caused, but not more than 500000 yuan, based on the consequences of the harm caused; If the circumstances are serious, the directly responsible supervisor and other directly responsible personnel shall be given administrative or disciplinary sanctions by their unit or higher-level competent authority in accordance with the law; If a major air pollution accident is caused, resulting in serious consequences such as significant damage to public and private property or personal injury, and constitutes a crime, criminal responsibility shall be pursued in accordance with the law.
Article 62: Units that cause atmospheric pollution hazards shall have the responsibility to eliminate the hazards and compensate the units or individuals who directly suffer losses.
Disputes over compensation liability and compensation amount can be resolved through mediation by the environmental protection administrative department at the request of the parties involved; If mediation fails, the parties may bring a lawsuit to the people's court. The parties can also directly file a lawsuit with the people's court.
Article 63: If atmospheric pollution losses are caused solely by uncontrollable natural disasters and cannot be avoided even after timely and reasonable measures have been taken, they shall be exempted from liability.
Article 64 If the administrative department in charge of environmental protection or other relevant departments violate the provisions of Article 14, Paragraph 3 of this Law by misappropriating the collected pollution discharge fees, the auditing or supervisory organs shall order the refund of the misappropriated funds or take other measures to recover them, and the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions in accordance with the law.
Article 65: Environmental protection supervision and management personnel who abuse their power and neglect their duties shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.
Chapter 7 Supplementary Provisions
Article 66: This Law shall come into effect on September 1, 2000.
