Regulations of Shandong Province on Marine Environmental Protection
(adopted at the 11th meeting of the Standing Committee of the Tenth People's Congress of Shandong Province on September 23, 2114)
Article 1 In order to protect and improve the marine environment, protect marine resources, prevent pollution damage, maintain ecological balance, safeguard human health and promote sustainable economic and social development, according to the Environmental Protection Law of the People's Republic of China and the Environmental Protection Law of the People's Republic of China,
related information: constitutional law ***2
article 2 units and individuals engaged in activities affecting the marine environment in the sea areas under the jurisdiction of this province and coastal land areas shall abide by these regulations.
if pollution is caused to the sea areas under the jurisdiction of this province outside the sea areas under the jurisdiction of this province, it shall be implemented in accordance with relevant state laws and these regulations.
article 3 marine environmental protection shall follow the principles of overall planning of the Haihe river, giving consideration to both land and sea, giving priority to prevention, combining prevention with control, and treating both the symptoms and root causes.
article 4 the competent administrative department of environmental protection at or above the county level in the coastal areas (hereinafter referred to as the environmental protection department) shall guide, coordinate and supervise the marine environmental protection work within their respective administrative areas, and be responsible for the prevention and control of marine pollution from inland sources and coastal engineering construction projects within their respective administrative areas.
the administrative departments of marine and fishery at or above the county level in the coastal areas (hereinafter referred to as the marine and fishery departments) shall supervise and manage the marine environment within their respective administrative areas, protect and restore the marine ecology, organize marine environment investigation, monitoring, surveillance, evaluation and scientific research, and be responsible for the prevention and control of marine pollution in marine engineering construction projects; Responsible for the supervision and management of marine environment pollution by non-military vessels in fishing port waters and fishing vessels outside fishing port waters, as well as the protection of ecological environment in fishing waters, and investigate and handle fishery pollution accidents according to their duties.
the maritime administrative department (hereinafter referred to as the maritime department) is responsible for the supervision and management of marine environment pollution by non-military vessels in the waters of the port area under its jurisdiction and non-fishing and non-military vessels outside the waters of the port area, and is also responsible for the investigation and handling of pollution accidents.
other relevant departments shall do a good job in marine environmental protection according to their respective responsibilities.
Article 5 Departments of marine and fishery, environmental protection and maritime affairs shall cooperate with each other and work closely together to protect the marine environment. Joint investigations and joint law enforcement can be conducted on marine pollution accidents or illegal acts that damage the marine environment.
in case of marine environmental pollution damage caused by land-based pollutants or damage to fisheries caused by ship pollution accidents, the environmental protection department or maritime department shall involve the marine and fishery departments in the investigation and handling.
if other supervisory and administrative departments are involved in the investigation and handling of fishery pollution accidents other than those mentioned in the preceding paragraph, other supervisory and administrative departments shall be involved.
article 6 the coastal people's governments at or above the county level shall include the funds needed for marine environmental protection such as marine ecological construction and marine environmental monitoring into the fiscal budget at the same level, and gradually increase capital investment according to the economic and social development.
the coastal people's governments at or above the county level should strengthen the publicity and education of marine environmental protection laws and regulations, encourage scientific and technological innovation in marine environmental protection, promote clean production, develop circular economy and promote the sustainable development of marine economy.
related information: constitution and law ***1
article 7 the provincial marine and fishery department shall, jointly with the provincial environmental protection departments and other relevant departments, draw up the provincial marine environmental protection plan and the special environmental protection plan for key sea areas, which shall be implemented after being submitted for approval according to procedures.
the marine and fishery departments of cities and counties (cities, districts) with coastal districts shall, jointly with the relevant departments of environmental protection at the same level, formulate the marine environmental protection plan of their respective administrative areas according to the marine environmental protection plan at the next higher level and the special plan for environmental protection of key sea areas, and submit it for approval according to procedures.
the list of key sea areas shall be drawn up by the provincial marine and fishery departments in consultation with relevant departments and submitted to the provincial people's government for approval and promulgation.
article 8 the marine and fishery departments at or above the city level with coastal districts shall regularly issue bulletins or special bulletins on marine environmental quality.
the marine and fishery departments shall provide the environmental protection department with the marine environmental monitoring data necessary for compiling the environmental quality bulletin; Environmental protection departments shall provide information related to the supervision and management of the marine environment to the marine and fishery departments.
article 9 coastal people's governments at or above the county level shall organize relevant departments to formulate and implement emergency plans for the prevention and control of red tide disasters and do a good job in prevention and control.
The coastal marine and fishery departments at or above the county level should strengthen the monitoring, surveillance, early warning, forecasting and information release of red tide; When a red tide occurs, it shall promptly report to the people's government at the same level and report it to the provincial marine and fishery department step by step.
when units and individuals discover red tides, they shall report to the local marine and fishery departments in time.
Article 11 The coastal people's governments at or above the county level shall organize relevant departments and units to formulate emergency plans for marine environmental pollution accidents; When a major marine environmental pollution accident occurs, the relevant departments and units shall take measures to eliminate or mitigate the pollution hazards in accordance with the emergency plan.
if the marine environmental pollution accident endangers human health and marine living resources, the people's governments at or above the county level shall timely inform or announce the relevant information to the units and the public that may be damaged by pollution.
Article 11 Areas with special geographical conditions, ecosystems, living and non-living resources and special needs for marine development and utilization may be designated as special marine protected areas.
the selection, construction and management of marine special protected areas shall be formulated by the provincial marine and fishery departments in accordance with relevant state regulations and submitted to the provincial people's government for approval.
article 12 the development and utilization of marine resources shall conform to the marine functional zoning, marine environmental protection planning and special environmental protection planning for key sea areas.
no unit or individual is allowed to build engineering construction projects in semi-closed bays and estuaries that will affect tidal channels, flood safety, reduce water exchange capacity and increase channel siltation speed.
anyone who digs sea sand and gravel or develops the resources of the island and its surrounding waters shall take strict ecological protection measures, and shall not change the topography, beaches and ecological environment of the island and its surrounding waters without authorization.
article 13 mariculture shall be carried out in accordance with the culture areas demarcated by marine functional zoning, and the culture density shall be determined scientifically, and the feeding and fertilization shall be reasonable. The aquaculture drugs shall conform to the national and provincial regulations and standards on the safe use of pesticides and veterinary drugs to prevent pollution to the marine environment.
Article 14 The marine and fishery departments at or above the city level with coastal districts shall regularly investigate and evaluate the marine ecology of the Yellow River Estuary, Jiaozhou Bay, Laizhou Bay and other sensitive marine ecological areas.
article 15 the provincial people's government shall, according to the province's marine environmental capacity, marine functional zoning and the total amount control index of major pollutants discharged into the sea determined by the state, formulate the total amount control index of pollutants discharged into the sea in key sea areas of this province and the emission control plan of major pollution sources.
the people's governments of cities and counties (cities, districts) with coastal districts shall, according to the total pollutant discharge control indicators and the emission control plans of major pollution sources in key sea areas determined by the people's governments at the next higher level, formulate implementation plans for total pollutant discharge control in local key sea areas and report them to the people's governments at the next higher level for the record.
article 16 direct discharge of pollutants into the ocean must meet the discharge standards set by the state and the province, and pay the sewage charges according to the regulations.
sewage charges should be included in the financial budget and used exclusively for the remediation and restoration of the marine environment.
article 17 the coastal people's governments at or above the county level shall, in accordance with the marine functional zoning, environmental protection planning, marine environmental protection planning, special environmental protection planning for key sea areas and overall urban planning, build and improve drainage pipe networks, and build sewage treatment plants or other centralized sewage treatment facilities.
coastal hotels, guesthouses, hospitals and other units should treat the generated sewage to meet the specified standards and bring it into the centralized sewage treatment facilities in the city; If it is not included in the centralized sewage treatment facilities in the city, it shall bring its own sewage treatment facilities.
untreated sewage or sewage that has not reached the standard after treatment shall not be discharged.
article 18 sea users, such as ports, docks, oil exploration enterprises, ship manufacturing, maintenance and dismantling enterprises, shall prevent pollutants and wastes from entering the sea area, and remove domestic garbage and wastes within their sea areas.
Article 19 Units and individuals engaged in offshore production and business operations shall not abandon the production and domestic wastes that have not been treated harmlessly into the sea area.
units and individuals engaged in production and processing in coastal areas should treat the pollutants and wastes generated to prevent pollution to the marine environment.
Article 21 Whoever engages in the activities of receiving pollutants, wastes and garbage from ships, and cleaning and washing ships' cabins must have corresponding receiving and processing capabilities.
those who engage in loading and unloading operations of bulk oil and toxic and harmful liquid goods in ports, docks and offshore loading and unloading facilities must prepare pollution emergency plans according to law, and be equipped with corresponding pollution emergency equipment and equipment.
ships operating in the harbor and ships berthed in the harbor for more than 31 days shall be sealed with lead for their sewage discharge equipment.
article 21 if a ship is involved in a shipwreck, which has caused or may cause significant pollution damage to the marine environment, the maritime department shall take emergency measures such as compulsory removal, salvage or towing according to law to avoid or reduce pollution damage. Belonging to non-military vessels in fishing port waters and fishing vessels outside fishing port waters, the marine and fishery departments shall deal with them according to law.
if the expenses for handling maritime accidents should be borne by the ship owner or operator according to law, the ship owner or operator should pay them in time; Those who have not paid in full or provided corresponding guarantees shall not sail.
article 22 where a coastal engineering construction project is newly built, rebuilt or expanded, the environmental impact report or environmental impact report form and environmental impact registration form (hereinafter referred to as the environmental impact assessment document) of the coastal engineering construction project shall be submitted to the marine and fishery department for examination and approval.
no unit or individual is allowed to build new chemical pulping and papermaking, chemical industry, printing and dyeing, tanning, electroplating, brewing, oil refining, beach breaking and other industrial production projects that seriously pollute the marine environment in the coastal land.
No new sewage outlets shall be built in marine nature reserves, special marine reserves, seaside scenic spots, tourist resorts, saltworks reserves, bathing beaches and important coastal fishery waters.
article 23 when building, rebuilding or expanding a marine engineering construction project, the environmental impact assessment document of the marine engineering construction project shall be submitted to the marine and fishery department for approval, and to the environmental protection department at the same level for the record, and shall be subject to the supervision of the environmental protection department.
article 24 coastal and marine engineering construction projects approved by the departments authorized by the provincial people's government, and environmental impact assessment documents of coastal and marine engineering construction projects in cities across districts shall be approved or approved by the provincial environmental protection department and the marine and fishery department according to their respective responsibilities; The environmental impact assessment documents of other coastal and marine engineering construction projects shall be approved or approved by the municipal environmental protection department and the marine and fishery department in accordance with their respective responsibilities.
article 25 the environmental protection department must seek the opinions of the maritime department before approving the environmental impact assessment documents of coastal engineering construction projects and the marine and fishery departments before approving the environmental impact assessment documents of marine engineering construction projects; Involving military restricted zones and military protected areas, the opinions of the military environmental protection department must be sought.
article 26 where coastal and marine engineering construction projects may have a significant impact on the marine environment, the environmental protection department and the marine and fishery departments shall hold demonstration meetings, hearings or take other forms to solicit the opinions of relevant experts and the public before the environmental impact assessment documents are approved or approved.
article 27 if the environmental protection department and the marine and fishery department find that coastal and marine engineering construction projects are not in conformity with the environmental impact assessment documents during the construction and operation, they shall instruct the construction unit to conduct post-environmental impact assessment and take remedial measures such as improvement and correction; If the construction unit finds that it is not in conformity with the environmental impact assessment document, it shall also organize the post-assessment of environmental impact, take remedial measures according to the conclusion of the post-assessment, and report it to the original environmental impact assessment document for approval or the approval department for the record.
article 28 units and individuals engaged in reclamation activities approved according to law shall take effective measures to prevent marine pollution, and shall not use domestic garbage, medical garbage or other toxic and harmful substances that have not been harmlessly treated for reclamation.
article 29. if acts violating the provisions of these regulations have been punished by laws and administrative regulations such as the law of the people's Republic of China on marine environmental protection, the department exercising the power of marine environmental supervision and management shall be punished according to the provisions of laws and administrative regulations.
Related information: Article 31 of the Constitution and Law ***1
In case of any of the following circumstances, the marine and fishery department shall give a warning and order it to stop construction, rectify and restore within a time limit or take other remedial measures; If the circumstances are serious, the illegal operation tools shall be seized, the illegal income shall be confiscated, and a fine of not less than 11,111 yuan but not more than 211,111 yuan shall be imposed: < P > (1) Violating the marine functional zoning, marine environmental protection planning or special environmental protection planning for key sea areas to develop and utilize marine resources;
(2) the marine ecological environment is damaged by mining and digging sea sand and gravel or developing resources of islands and surrounding sea areas without taking strict ecological protection measures;
(3) Construction of engineering projects in semi-closed bays and estuaries that affect tidal channels, reduce water exchange capacity or increase channel siltation speed;
(4) using domestic garbage, medical garbage or other toxic and harmful substances that have not been treated harmlessly to fill the sea.
article 31 whoever, in violation of the provisions of these regulations, refuses to remove the domestic garbage and wastes within the sea area used by the unit or discards the production and domestic wastes into the sea area, the marine and fishery department shall designate the relevant unit to remove them on its behalf, and the expenses incurred shall be borne by the sea unit and a fine of not more than 31,111 yuan shall be imposed.
article 32 those responsible for marine environmental pollution damage shall eliminate the damage and compensate for the losses.
those who cause serious marine environmental pollution accidents, resulting in heavy losses to public or private property or serious consequences of personal injury or death, shall be investigated for criminal responsibility according to law.
Article 33 If any department or other department exercising the power of marine environmental supervision and management is under any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If damage is caused to the parties concerned, compensation shall be made according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) failing to stop or take effective preventive measures according to law when maritime pollution accidents or illegal acts in violation of the provisions of these regulations are discovered;
(2) the environmental impact assessment documents of coastal engineering construction projects have been approved without being audited by the marine and fishery departments, and the opinions of relevant departments have not been sought before the approval and approval of the environmental impact assessment documents of coastal and marine engineering;
(3) reviewing, approving and approving environmental impact assessment documents in violation of regulations or ultra vires;
(4) the environmental impact assessment documents of coastal and marine engineering construction projects have not been approved and approved, and the relevant examination and approval departments have approved their construction;
(5) other acts of favoritism, abuse of power and dereliction of duty.
article 34