Environmental Protection Law of the People's Republic of China (Effective from January 1, 2015)
Publishdate：2015-07-06 Views：41
(Approved at the 10th meeting of the Standing Committee of the 7th National People's Congress on December 26, 1989, and revised at the 8th meeting of the Standing Committee of the 12th National People's Congress on April 24, 2014)
catalogue
Chapter General Provisions
Chapter 2 Supervision and Management
Chapter 3 Protection and Improvement of the Environment
Chapter 4 Prevention and Control of Pollution and Other Public Hazards
Chapter 5 Information Disclosure and Public Participation
Chapter 6 Legal Liability
Chapter 7 Supplementary Provisions
Chapter General Provisions
Article: In order to protect and improve the environment, prevent and control pollution and other public hazards, safeguard public health, promote ecological civilization construction, and promote sustainable economic and social development, this law is formulated.
Article 2: The term "environment" as used in this Law refers to the overall collection of various natural and artificially modified natural factors that affect human survival and development, including the atmosphere, water, oceans, land, minerals, forests, grasslands, wetlands, wildlife, natural relics, cultural relics, nature reserves, scenic spots, cities and rural areas, etc.
Article 3: This Law applies to the territory of the People's Republic of China and other sea areas under its jurisdiction.
Article 4: Protecting the environment is a fundamental national policy.
Adopting economic and technological policies and measures that are conducive to resource conservation and recycling, protecting and improving the environment, and promoting harmony between humans and nature, to coordinate economic and social development with environmental protection.
Article 5: Environmental protection shall adhere to the principles of protection first, prevention first, comprehensive governance, public participation, and responsibility for damages.
Article 6: Both units and individuals have the obligation to protect the environment.
Local governments at all levels shall be responsible for the environmental quality of their respective administrative regions.
Enterprises, institutions, and other producers and operators shall prevent and reduce environmental pollution and ecological damage, and shall bear responsibility for the damage caused in accordance with the law.
Citizens should enhance their awareness of environmental protection, adopt a low-carbon and frugal lifestyle, and consciously fulfill their environmental protection obligations.
Article 7: Support the research, development, and application of environmental protection science and technology, encourage the development of the environmental protection industry, promote the construction of environmental protection informatization, and improve the level of environmental protection science and technology.
Article 8: People's governments at all levels shall increase financial investment in protecting and improving the environment, preventing and controlling pollution and other public hazards, and improve the efficiency of the use of financial funds.
Article 9: People's governments at all levels shall strengthen the publicity and popularization of environmental protection, encourage grassroots mass autonomous organizations, social organizations, and environmental protection volunteers to carry out the publicity of environmental protection laws, regulations, and knowledge, and create a good atmosphere for environmental protection.
Education administrative departments and schools should incorporate environmental protection knowledge into school education content to cultivate students' awareness of environmental protection.
News media should promote environmental protection laws, regulations, and knowledge, and conduct public opinion supervision on environmental violations.
Article 10: The competent department of environmental protection under the State Council shall exercise unified supervision and management over the national environmental protection work; The environmental protection department of the local people's government at or above the county level shall implement unified supervision and management of environmental protection work in its administrative region.
The relevant departments of the people's governments at or above the county level and the environmental protection departments of the military shall, in accordance with relevant laws and regulations, supervise and manage environmental protection work such as resource protection and pollution prevention and control.
Article 10: Units and individuals who have made significant achievements in protecting and improving the environment shall be rewarded by the people's government.
Article 12: June 5th of each year is Environmental Day.
Chapter 2 Supervision and Management
Article 13: People's governments at or above the county level shall incorporate environmental protection work into their national economic and social development plans.
The competent department of environmental protection under the State Council, in conjunction with relevant departments, shall prepare environmental protection plans based on the national economic and social development plan, submit them to the State Council for approval and publish them for implementation.
The environmental protection department of the local people's government at or above the county level, in conjunction with relevant departments, shall prepare the environmental protection plan for the administrative region in accordance with the requirements of the environmental protection plan, submit it to the people's government at the same level for approval, and publish and implement it.
The content of environmental protection planning should include the goals, tasks, and guarantee measures for ecological protection and pollution prevention, and should be connected with the main functional area planning, land use overall planning, and urban-rural planning.
Article 14: When formulating economic and technological policies, relevant departments of the State Council and people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall fully consider their impact on the environment and listen to the opinions of relevant parties and experts.
Article 15: The competent department of environmental protection under the State Council shall formulate environmental quality standards.
The people's governments of provinces, autonomous regions, and municipalities directly under the central government may formulate local environmental quality standards for projects that are not specified in the environmental quality standards; Local environmental quality standards that are stricter than the environmental quality standards can be established for projects that have already been specified in the environmental quality standards. Local environmental quality standards shall be filed with the competent department of environmental protection under the State Council.
Encourage environmental benchmark research.
Article 16 The competent department of environmental protection under the State Council shall formulate pollutant discharge standards based on environmental quality standards and economic and technical conditions.
The people's governments of provinces, autonomous regions, and municipalities directly under the central government may formulate local pollutant discharge standards for projects that are not specified in the pollutant discharge standards; For projects that have already been specified in the pollutant discharge standards, local pollutant discharge standards that are stricter than the pollutant discharge standards can be formulated. Local pollutant discharge standards shall be filed with the competent environmental protection department of the State Council.
Article 17: Establish and improve an environmental monitoring system. The competent department of environmental protection under the State Council shall formulate monitoring standards, organize monitoring networks in conjunction with relevant departments, plan the establishment of environmental quality monitoring stations (points), establish monitoring data sharing mechanisms, and strengthen the management of environmental monitoring.
The establishment of various environmental quality monitoring stations (points) related to industries, professions, etc. should comply with the requirements of laws, regulations, and monitoring standards.
Monitoring agencies should use monitoring equipment that meets standards and comply with monitoring regulations. The monitoring agency and its responsible person are responsible for the authenticity and accuracy of the monitoring data.
Article 18: People's governments at or above the provincial level shall organize relevant departments or entrust professional institutions to investigate and evaluate the environmental conditions, and establish a monitoring and early warning mechanism for the carrying capacity of environmental resources.
Article 19: When preparing development and utilization plans and constructing projects that have an impact on the environment, environmental impact assessments shall be conducted in accordance with the law.
Development and utilization plans that have not undergone environmental impact assessments in accordance with the law shall not be organized for implementation; Construction projects that have not undergone environmental impact assessments in accordance with the law shall not commence construction.
Article 20: Establish a joint prevention and control coordination mechanism for environmental pollution and ecological damage in key regions and river basins across administrative regions, and implement unified planning, standards, monitoring, and prevention measures.
The prevention and control of cross administrative environmental pollution and ecological damage beyond the provisions of the preceding paragraph shall be coordinated and resolved by the higher-level people's government or negotiated and resolved by the relevant local people's government.
Article 20: Adopt policies and measures in areas such as finance, taxation, pricing, and government procurement to encourage and support the development of environmental protection industries such as environmental protection technology and equipment, comprehensive utilization of resources, and environmental services.
Article 22: Enterprises, institutions, and other producers and operators who, on the basis of meeting the statutory requirements for pollutant emissions, make progress in reducing pollutant emissions shall be encouraged and supported by the people's government in accordance with the law through policies and measures in finance, taxation, pricing, government procurement, etc.
Article 23: Enterprises, institutions, and other producers and operators who, in order to improve the environment, relocate, or close down in accordance with relevant regulations shall be supported by the people's government.
Article 24: The competent environmental protection department of the people's government at or above the county level, its entrusted environmental supervision institutions, and other departments responsible for environmental protection supervision and management have the right to conduct on-site inspections of enterprises, institutions, and other producers and operators that discharge pollutants. The examinee shall truthfully report the situation and provide necessary information. The departments, institutions, and their staff conducting on-site inspections shall keep trade secrets confidential for the inspected individuals.
Article 25: If enterprises, institutions, and other producers and operators violate laws and regulations by discharging pollutants, causing or potentially causing serious pollution, the competent environmental protection department of the people's government at or above the county level and other departments responsible for environmental protection supervision and management may seal or detain the facilities and equipment that caused the discharge of pollutants.
Article 26: Implement an environmental protection target responsibility system and an assessment and evaluation system. The people's governments at or above the county level shall include the completion of environmental protection goals in the assessment content of the departments and their responsible persons responsible for environmental protection supervision and management, as well as the lower level people's governments and their responsible persons, as an important basis for their assessment and evaluation. The assessment results should be made public to the society.
Article 27: People's governments at or above the county level shall report annually to the local people's congress or its standing committee on the environmental conditions and the completion of environmental protection goals. For major environmental incidents that occur, they shall promptly report to the standing committee of the local people's congress and accept supervision in accordance with the law.
Chapter 3 Protection and Improvement of the Environment
Article 28 Local people's governments at all levels shall take effective measures to improve environmental quality in accordance with environmental protection goals and governance tasks.
Local people's governments in key areas and river basins that have not met environmental quality standards shall formulate plans to meet standards within a specified period of time and take measures to meet standards on schedule.
Article 29: Ecological protection red lines shall be delineated in key ecological functional areas, ecologically sensitive areas, and fragile areas, and strict protection shall be implemented.
Governments at all levels shall take measures to protect various types of representative natural ecosystem areas, rare and endangered natural distribution areas of wild animals and plants, important water source conservation areas, geological structures with significant scientific and cultural value, famous karst caves and fossil distribution areas, natural relics such as glaciers, volcanoes, hot springs, as well as cultural relics and ancient trees, and strictly prohibit destruction.
Article 30: The development and utilization of natural resources shall be reasonably developed, biodiversity shall be protected, ecological security shall be guaranteed, and relevant ecological protection and restoration plans shall be formulated and implemented in accordance with the law.
Measures should be taken to prevent damage to biodiversity when introducing foreign species and researching, developing, and utilizing biotechnology.
Article 30: Establish and improve the ecological protection compensation system.
Increase fiscal transfer payments to ecological protection areas. Local governments should implement ecological protection compensation funds to ensure that they are used for ecological protection compensation.
Guide the people's governments of beneficiary areas and ecological protection areas to negotiate or compensate for ecological protection in accordance with market rules.
Article 32: Strengthen the protection of the atmosphere, water, soil, etc., and establish and improve corresponding investigation, monitoring, evaluation, and restoration systems.
Article 33: People's governments at all levels shall strengthen the protection of the agricultural environment, promote the use of new technologies for agricultural environmental protection, strengthen monitoring and early warning of agricultural pollution sources, coordinate relevant departments to take measures to prevent and control soil pollution, land desertification, salinization, impoverishment, rocky desertification, land subsidence, as well as ecological imbalances such as vegetation damage, soil erosion, eutrophication of water bodies, water source depletion, and source extinction, Promote comprehensive prevention and control of plant diseases and pests.
County and township level people's governments should improve the level of public services for rural environmental protection and promote comprehensive improvement of the rural environment.
Article 34: The State Council and people's governments at all levels in coastal areas shall strengthen the protection of the marine environment. The discharge of pollutants and dumping of waste into the ocean, as well as coastal and marine engineering construction, shall comply with laws, regulations and relevant standards to prevent and reduce pollution damage to the marine environment.
Article 35 Urban and rural construction shall take into account the characteristics of the local natural environment, protect vegetation, water bodies, and natural landscapes, and strengthen the construction and management of urban gardens, green spaces, and scenic spots.
Article 36: Encourage and guide citizens, legal persons, and other organizations to use products and recycled products that are conducive to environmental protection, and reduce the generation of waste.
Government agencies and other organizations using financial funds should first purchase and use products, equipment, and facilities that are conducive to environmental protection, such as energy-saving, water-saving, and material saving.
Article 37: Local people's governments at all levels shall take measures to organize the classification, disposal, and recycling of household waste.
Article 38 Citizens shall abide by environmental protection laws and regulations, cooperate with the implementation of environmental protection measures, classify and place household waste in accordance with regulations, and reduce the damage caused to the environment by daily life.
Article 39: Establish and improve environmental and health monitoring, investigation, and risk assessment systems; Encourage and organize research on the impact of environmental quality on public health, and take measures to prevent and control diseases related to environmental pollution.
Chapter 4 Prevention and Control of Pollution and Other Public Hazards
Article 40: Promote clean production and resource recycling.
The relevant departments of the State Council and local governments at all levels shall take measures to promote the production and use of clean energy.
Enterprises should first use clean energy, adopt processes and equipment with high resource utilization efficiency and low pollutant emissions, as well as comprehensive waste utilization technology and harmless pollutant treatment technology, to reduce the generation of pollutants.
Article 40: Facilities for pollution prevention and control in construction projects shall be designed, constructed, and put into operation simultaneously with the main project. The facilities for preventing and controlling pollution shall comply with the requirements of the approved environmental impact assessment documents and shall not be dismantled or left idle without authorization.
Article 42 Enterprises, institutions, and other producers and operators that discharge pollutants shall take measures to prevent and control the pollution and harm to the environment caused by exhaust gas, wastewater, waste residue, medical waste, dust, odorous gases, radioactive substances, as well as noise, vibration, light radiation, electromagnetic radiation, etc. generated in production, construction or other activities.
Enterprises and institutions that discharge pollutants should establish an environmental protection responsibility system, clarifying the responsibilities of unit leaders and relevant personnel.
Key polluting units shall install and use monitoring equipment in accordance with relevant regulations and monitoring standards, ensure the normal operation of monitoring equipment, and preserve original monitoring records.
It is strictly prohibited to illegally discharge pollutants through hidden pipes, seepage wells, seepage pits, injection or tampering with, forging monitoring data, or abnormal operation of pollution prevention and control facilities to evade supervision.
Article 43 Enterprises, institutions, and other producers and operators that discharge pollutants shall pay pollution discharge fees in accordance with relevant regulations. All pollution discharge fees shall be specifically used for environmental pollution prevention and control, and no unit or individual shall intercept, occupy or divert them for other purposes.
If environmental protection tax is levied in accordance with legal provisions, pollution discharge fees will no longer be levied.
Article 44: Implement a system for controlling the total amount of key pollutant emissions. The total emission control indicators for key pollutants are issued by the State Council and implemented by the people's governments of provinces, autonomous regions, and municipalities directly under the central government. Enterprises and institutions shall comply with the total control indicators for key pollutant emissions that have been decomposed and implemented into their own units while implementing local pollutant emission standards.
For areas that exceed the total emission control indicators of key pollutants or fail to achieve the determined environmental quality goals, the environmental protection department of the people's government at or above the provincial level shall suspend the approval of the environmental impact assessment documents for construction projects that increase the total emission of key pollutants.
Article 45: Implement a pollution discharge permit management system in accordance with legal provisions.
Enterprises, institutions, and other producers and operators implementing pollution discharge permit management shall discharge pollutants in accordance with the requirements of the pollution discharge permit; Those who have not obtained a pollution discharge permit shall not discharge pollutants.
Article 46: The elimination system shall be implemented for processes, equipment, and products that seriously pollute the environment. No unit or individual shall produce, sell, transfer or use processes, equipment, and products that seriously pollute the environment.
Prohibit the introduction of technologies that do not comply with China's environmental protection regulations
(Approved at the 10th meeting of the Standing Committee of the 7th National People's Congress on December 26, 1989, and revised at the 8th meeting of the Standing Committee of the 12th National People's Congress on April 24, 2014)
catalogue
Chapter General Provisions
Chapter 2 Supervision and Management
Chapter 3 Protection and Improvement of the Environment
Chapter 4 Prevention and Control of Pollution and Other Public Hazards
Chapter 5 Information Disclosure and Public Participation
Chapter 6 Legal Liability
Chapter 7 Supplementary Provisions
Chapter General Provisions
Article: In order to protect and improve the environment, prevent and control pollution and other public hazards, safeguard public health, promote ecological civilization construction, and promote sustainable economic and social development, this law is formulated.
Article 2: The term "environment" as used in this Law refers to the overall collection of various natural and artificially modified natural factors that affect human survival and development, including the atmosphere, water, oceans, land, minerals, forests, grasslands, wetlands, wildlife, natural relics, cultural relics, nature reserves, scenic spots, cities and rural areas, etc.
Article 3: This Law applies to the territory of the People's Republic of China and other sea areas under its jurisdiction.
Article 4: Protecting the environment is a fundamental national policy.
Adopting economic and technological policies and measures that are conducive to resource conservation and recycling, protecting and improving the environment, and promoting harmony between humans and nature, to coordinate economic and social development with environmental protection.
Article 5: Environmental protection shall adhere to the principles of protection first, prevention first, comprehensive governance, public participation, and responsibility for damages.
Article 6: Both units and individuals have the obligation to protect the environment.
Local governments at all levels shall be responsible for the environmental quality of their respective administrative regions.
Enterprises, institutions, and other producers and operators shall prevent and reduce environmental pollution and ecological damage, and shall bear responsibility for the damage caused in accordance with the law.
Citizens should enhance their awareness of environmental protection, adopt a low-carbon and frugal lifestyle, and consciously fulfill their environmental protection obligations.
Article 7: Support the research, development, and application of environmental protection science and technology, encourage the development of the environmental protection industry, promote the construction of environmental protection informatization, and improve the level of environmental protection science and technology.
Article 8: People's governments at all levels shall increase financial investment in protecting and improving the environment, preventing and controlling pollution and other public hazards, and improve the efficiency of the use of financial funds.
Article 9: People's governments at all levels shall strengthen the publicity and popularization of environmental protection, encourage grassroots mass autonomous organizations, social organizations, and environmental protection volunteers to carry out the publicity of environmental protection laws, regulations, and knowledge, and create a good atmosphere for environmental protection.
Education administrative departments and schools should incorporate environmental protection knowledge into school education content to cultivate students' awareness of environmental protection.
News media should promote environmental protection laws, regulations, and knowledge, and conduct public opinion supervision on environmental violations.
Article 10: The competent department of environmental protection under the State Council shall exercise unified supervision and management over the national environmental protection work; The environmental protection department of the local people's government at or above the county level shall implement unified supervision and management of environmental protection work in its administrative region.
The relevant departments of the people's governments at or above the county level and the environmental protection departments of the military shall, in accordance with relevant laws and regulations, supervise and manage environmental protection work such as resource protection and pollution prevention and control.
Article 10: Units and individuals who have made significant achievements in protecting and improving the environment shall be rewarded by the people's government.
Article 12: June 5th of each year is Environmental Day.
Chapter 2 Supervision and Management
Article 13: People's governments at or above the county level shall incorporate environmental protection work into their national economic and social development plans.
The competent department of environmental protection under the State Council, in conjunction with relevant departments, shall prepare environmental protection plans based on the national economic and social development plan, submit them to the State Council for approval and publish them for implementation.
The environmental protection department of the local people's government at or above the county level, in conjunction with relevant departments, shall prepare the environmental protection plan for the administrative region in accordance with the requirements of the environmental protection plan, submit it to the people's government at the same level for approval, and publish and implement it.
The content of environmental protection planning should include the goals, tasks, and guarantee measures for ecological protection and pollution prevention, and should be connected with the main functional area planning, land use overall planning, and urban-rural planning.
Article 14: When formulating economic and technological policies, relevant departments of the State Council and people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall fully consider their impact on the environment and listen to the opinions of relevant parties and experts.
Article 15: The competent department of environmental protection under the State Council shall formulate environmental quality standards.
The people's governments of provinces, autonomous regions, and municipalities directly under the central government may formulate local environmental quality standards for projects that are not specified in the environmental quality standards; Local environmental quality standards that are stricter than the environmental quality standards can be established for projects that have already been specified in the environmental quality standards. Local environmental quality standards shall be filed with the competent department of environmental protection under the State Council.
Encourage environmental benchmark research.
Article 16 The competent department of environmental protection under the State Council shall formulate pollutant discharge standards based on environmental quality standards and economic and technical conditions.
The people's governments of provinces, autonomous regions, and municipalities directly under the central government may formulate local pollutant discharge standards for projects that are not specified in the pollutant discharge standards; For projects that have already been specified in the pollutant discharge standards, local pollutant discharge standards that are stricter than the pollutant discharge standards can be formulated. Local pollutant discharge standards shall be filed with the competent environmental protection department of the State Council.
Article 17: Establish and improve an environmental monitoring system. The competent department of environmental protection under the State Council shall formulate monitoring standards, organize monitoring networks in conjunction with relevant departments, plan the establishment of environmental quality monitoring stations (points), establish monitoring data sharing mechanisms, and strengthen the management of environmental monitoring.
The establishment of various environmental quality monitoring stations (points) related to industries, professions, etc. should comply with the requirements of laws, regulations, and monitoring standards.
Monitoring agencies should use monitoring equipment that meets standards and comply with monitoring regulations. The monitoring agency and its responsible person are responsible for the authenticity and accuracy of the monitoring data.
Article 18: People's governments at or above the provincial level shall organize relevant departments or entrust professional institutions to investigate and evaluate the environmental conditions, and establish a monitoring and early warning mechanism for the carrying capacity of environmental resources.
Article 19: When preparing development and utilization plans and constructing projects that have an impact on the environment, environmental impact assessments shall be conducted in accordance with the law.
Development and utilization plans that have not undergone environmental impact assessments in accordance with the law shall not be organized for implementation; Construction projects that have not undergone environmental impact assessments in accordance with the law shall not commence construction.
Article 20: Establish a joint prevention and control coordination mechanism for environmental pollution and ecological damage in key regions and river basins across administrative regions, and implement unified planning, standards, monitoring, and prevention measures.
The prevention and control of cross administrative environmental pollution and ecological damage beyond the provisions of the preceding paragraph shall be coordinated and resolved by the higher-level people's government or negotiated and resolved by the relevant local people's government.
Article 20: Adopt policies and measures in areas such as finance, taxation, pricing, and government procurement to encourage and support the development of environmental protection industries such as environmental protection technology and equipment, comprehensive utilization of resources, and environmental services.
Article 22: Enterprises, institutions, and other producers and operators who, on the basis of meeting the statutory requirements for pollutant emissions, make progress in reducing pollutant emissions shall be encouraged and supported by the people's government in accordance with the law through policies and measures in finance, taxation, pricing, government procurement, etc.
Article 23: Enterprises, institutions, and other producers and operators who, in order to improve the environment, relocate, or close down in accordance with relevant regulations shall be supported by the people's government.
Article 24: The competent environmental protection department of the people's government at or above the county level, its entrusted environmental supervision institutions, and other departments responsible for environmental protection supervision and management have the right to conduct on-site inspections of enterprises, institutions, and other producers and operators that discharge pollutants. The examinee shall truthfully report the situation and provide necessary information. The departments, institutions, and their staff conducting on-site inspections shall keep trade secrets confidential for the inspected individuals.
Article 25: If enterprises, institutions, and other producers and operators violate laws and regulations by discharging pollutants, causing or potentially causing serious pollution, the competent environmental protection department of the people's government at or above the county level and other departments responsible for environmental protection supervision and management may seal or detain the facilities and equipment that caused the discharge of pollutants.
Article 26: Implement an environmental protection target responsibility system and an assessment and evaluation system. The people's governments at or above the county level shall include the completion of environmental protection goals in the assessment content of the departments and their responsible persons responsible for environmental protection supervision and management, as well as the lower level people's governments and their responsible persons, as an important basis for their assessment and evaluation. The assessment results should be made public to the society.
Article 27: People's governments at or above the county level shall report annually to the local people's congress or its standing committee on the environmental conditions and the completion of environmental protection goals. For major environmental incidents that occur, they shall promptly report to the standing committee of the local people's congress and accept supervision in accordance with the law.
Chapter 3 Protection and Improvement of the Environment
Article 28 Local people's governments at all levels shall take effective measures to improve environmental quality in accordance with environmental protection goals and governance tasks.
Local people's governments in key areas and river basins that have not met environmental quality standards shall formulate plans to meet standards within a specified period of time and take measures to meet standards on schedule.
Article 29: Ecological protection red lines shall be delineated in key ecological functional areas, ecologically sensitive areas, and fragile areas, and strict protection shall be implemented.
Governments at all levels shall take measures to protect various types of representative natural ecosystem areas, rare and endangered natural distribution areas of wild animals and plants, important water source conservation areas, geological structures with significant scientific and cultural value, famous karst caves and fossil distribution areas, natural relics such as glaciers, volcanoes, hot springs, as well as cultural relics and ancient trees, and strictly prohibit destruction.
Article 30: The development and utilization of natural resources shall be reasonably developed, biodiversity shall be protected, ecological security shall be guaranteed, and relevant ecological protection and restoration plans shall be formulated and implemented in accordance with the law.
Measures should be taken to prevent damage to biodiversity when introducing foreign species and researching, developing, and utilizing biotechnology.
Article 30: Establish and improve the ecological protection compensation system.
Increase fiscal transfer payments to ecological protection areas. Local governments should implement ecological protection compensation funds to ensure that they are used for ecological protection compensation.
Guide the people's governments of beneficiary areas and ecological protection areas to negotiate or compensate for ecological protection in accordance with market rules.
Article 32: Strengthen the protection of the atmosphere, water, soil, etc., and establish and improve corresponding investigation, monitoring, evaluation, and restoration systems.
Article 33: People's governments at all levels shall strengthen the protection of the agricultural environment, promote the use of new technologies for agricultural environmental protection, strengthen monitoring and early warning of agricultural pollution sources, coordinate relevant departments to take measures to prevent and control soil pollution, land desertification, salinization, impoverishment, rocky desertification, land subsidence, as well as ecological imbalances such as vegetation damage, soil erosion, eutrophication of water bodies, water source depletion, and source extinction, Promote comprehensive prevention and control of plant diseases and pests.
County and township level people's governments should improve the level of public services for rural environmental protection and promote comprehensive improvement of the rural environment.
Article 34: The State Council and people's governments at all levels in coastal areas shall strengthen the protection of the marine environment. The discharge of pollutants and dumping of waste into the ocean, as well as coastal and marine engineering construction, shall comply with laws, regulations and relevant standards to prevent and reduce pollution damage to the marine environment.
Article 35 Urban and rural construction shall take into account the characteristics of the local natural environment, protect vegetation, water bodies, and natural landscapes, and strengthen the construction and management of urban gardens, green spaces, and scenic spots.
Article 36: Encourage and guide citizens, legal persons, and other organizations to use products and recycled products that are conducive to environmental protection, and reduce the generation of waste.
Government agencies and other organizations using financial funds should first purchase and use products, equipment, and facilities that are conducive to environmental protection, such as energy-saving, water-saving, and material saving.
Article 37: Local people's governments at all levels shall take measures to organize the classification, disposal, and recycling of household waste.
Article 38 Citizens shall abide by environmental protection laws and regulations, cooperate with the implementation of environmental protection measures, classify and place household waste in accordance with regulations, and reduce the damage caused to the environment by daily life.
Article 39: Establish and improve environmental and health monitoring, investigation, and risk assessment systems; Encourage and organize research on the impact of environmental quality on public health, and take measures to prevent and control diseases related to environmental pollution.
Chapter 4 Prevention and Control of Pollution and Other Public Hazards
Article 40: Promote clean production and resource recycling.
The relevant departments of the State Council and local governments at all levels shall take measures to promote the production and use of clean energy.
Enterprises should first use clean energy, adopt processes and equipment with high resource utilization efficiency and low pollutant emissions, as well as comprehensive waste utilization technology and harmless pollutant treatment technology, to reduce the generation of pollutants.
Article 40: Facilities for pollution prevention and control in construction projects shall be designed, constructed, and put into operation simultaneously with the main project. The facilities for preventing and controlling pollution shall comply with the requirements of the approved environmental impact assessment documents and shall not be dismantled or left idle without authorization.
Article 42 Enterprises, institutions, and other producers and operators that discharge pollutants shall take measures to prevent and control the pollution and harm to the environment caused by exhaust gas, wastewater, waste residue, medical waste, dust, odorous gases, radioactive substances, as well as noise, vibration, light radiation, electromagnetic radiation, etc. generated in production, construction or other activities.
Enterprises and institutions that discharge pollutants should establish an environmental protection responsibility system, clarifying the responsibilities of unit leaders and relevant personnel.
Key polluting units shall install and use monitoring equipment in accordance with relevant regulations and monitoring standards, ensure the normal operation of monitoring equipment, and preserve original monitoring records.
It is strictly prohibited to illegally discharge pollutants through hidden pipes, seepage wells, seepage pits, injection or tampering with, forging monitoring data, or abnormal operation of pollution prevention and control facilities to evade supervision.
Article 43 Enterprises, institutions, and other producers and operators that discharge pollutants shall pay pollution discharge fees in accordance with relevant regulations. All pollution discharge fees shall be specifically used for environmental pollution prevention and control, and no unit or individual shall intercept, occupy or divert them for other purposes.
If environmental protection tax is levied in accordance with legal provisions, pollution discharge fees will no longer be levied.
Article 44: Implement a system for controlling the total amount of key pollutant emissions. The total emission control indicators for key pollutants are issued by the State Council and implemented by the people's governments of provinces, autonomous regions, and municipalities directly under the central government. Enterprises and institutions shall comply with the total control indicators for key pollutant emissions that have been decomposed and implemented into their own units while implementing local pollutant emission standards.
For areas that exceed the total emission control indicators of key pollutants or fail to achieve the determined environmental quality goals, the environmental protection department of the people's government at or above the provincial level shall suspend the approval of the environmental impact assessment documents for construction projects that increase the total emission of key pollutants.
Article 45: Implement a pollution discharge permit management system in accordance with legal provisions.
Enterprises, institutions, and other producers and operators implementing pollution discharge permit management shall discharge pollutants in accordance with the requirements of the pollution discharge permit; Those who have not obtained a pollution discharge permit shall not discharge pollutants.
Article 46: The elimination system shall be implemented for processes, equipment, and products that seriously pollute the environment. No unit or individual shall produce, sell, transfer or use processes, equipment, and products that seriously pollute the environment.
Prohibit the introduction of technologies that do not comply with China's environmental protection regulations
