General Provisions
Article 1 This Law is enacted for the purpose of promoting cleaner production, improving the efficiency of resource utilization, reducing and avoiding the generation of pollutants, protecting and improving the environment, safeguarding human health, and promoting sustainable economic and social development.
Article 2 Cleaner production, as referred to in this Law, refers to the continuous adoption of measures such as improved design, use of cleaner energy and raw materials, adoption of advanced technology and equipment, improved management, comprehensive utilization, etc., in order to cut down on pollution at the source, improve the efficiency of resource utilization, and reduce or avoid the generation and emission of pollutants in the process of production, service and product use, so as to reduce or eliminate the harm to human health and the environment. Harmful to human health and the environment.
Article 3 Within the territory of the People's Republic of China, units engaged in production and service activities as well as departments engaged in relevant management activities shall organize and implement cleaner production in accordance with the provisions of this Law.
Article 4 The state encourages and promotes cleaner production. The State Council and the local people's governments at or above the county level shall incorporate the promotion of cleaner production into the national economic and social development planning, annual planning, and planning for environmental protection, resource utilization, industrial development and regional development.
Article 5 of the State Council's comprehensive coordination of cleaner production department is responsible for organizing and coordinating the national cleaner production promotion work. The State Council departments of environmental protection, industry, science and technology, finance and other relevant departments, in accordance with their respective responsibilities, is responsible for the promotion of cleaner production.
Local people's governments at or above the county level are responsible for leading the promotion of cleaner production in their administrative areas. Local people's governments at or above the county level to determine the overall coordination of cleaner production department is responsible for organizing and coordinating the promotion of cleaner production in the administrative region. Other relevant departments of the local people's governments above the county level, in accordance with their respective responsibilities, is responsible for the promotion of cleaner production.
Article VI The state encourages the development of scientific research, technological development and international cooperation on cleaner production, and organizes publicity and popularization of knowledge on cleaner production, and the promotion of cleaner production technology.
The State encourages social organizations and the public to participate in the publicity, education, promotion, implementation and supervision of cleaner production.
Promotion
Article 7 The State Council shall formulate financial and tax policies conducive to the implementation of cleaner production.
The State Council and its relevant departments and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, shall formulate industrial policy, technology development and promotion policies conducive to the implementation of cleaner production.
Article VIII of the State Council, the State Council cleaner production integrated coordination department, in conjunction with the State Council environmental protection, industry, science and technology departments and other relevant departments, in accordance with the national economic and social development planning and national resource conservation, reduce energy consumption, reduce the emission of key pollutants, the preparation of the national cleaner production to implement the plan, subject to the approval of the State Council announced in a timely manner.
The national cleaner production implementation plan should include: the implementation of cleaner production goals, major tasks and safeguards, according to resource and energy consumption, pollutant emission levels to determine the implementation of cleaner production of key areas, key industries and key projects.
The State Council, the competent authorities of the relevant industries in accordance with the national cleaner production planning to determine the industry's cleaner production of key projects, the development of industry-specific cleaner production and implementation of planning and organization.
Local people's governments at or above the county level according to the national cleaner production planning, industry-specific cleaner production planning, in accordance with the requirements of the region to conserve resources, reduce energy consumption, reduce the emission of key pollutants, to determine the region's cleaner production of key projects, the development of cleaner production of the implementation of the implementation of the plan and the organization of implementation.
Article IX of the central budget shall strengthen the promotion of cleaner production of capital investment, including the central financial cleaner production of special funds and the central budget arrangements for other cleaner production of funds to support the national cleaner production to promote the planning of key areas, key industries, key projects to implement cleaner production and its technological promotion, as well as ecologically fragile areas to implement the cleaner production of the project. The central budget to support the promotion of cleaner production of funds for the use of specific measures, by the State Council's financial sector, the cleaner production of integrated coordination departments in conjunction with the State Council departments concerned.
Local people's governments at or above the county level should coordinate local financial arrangements for the promotion of cleaner production of funds to guide social capital to support key cleaner production projects.
Article 10 of the State Council and the relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, shall organize and support the establishment of information systems to promote cleaner production information systems and technical consulting services system to provide information and services to the community on cleaner production methods and technologies, supply and demand for renewable wastes, as well as cleaner production policies.
Article XI of the State Council cleaner production integrated coordination department in conjunction with the State Council environmental protection, industry, science and technology, construction, agriculture and other relevant departments to regularly release cleaner production technologies, processes, equipment and product-oriented directory.
The State Council's comprehensive coordination of cleaner production departments, environmental protection departments and the people's governments of provinces, autonomous regions and municipalities directly under the Central People's Government is responsible for the comprehensive coordination of cleaner production departments, environmental protection departments in conjunction with the relevant departments at the same level, the organization of the preparation of the key industries or regions of the cleaner production guidelines, guidance for the implementation of cleaner production.
Article XII of the State on the waste of resources and serious pollution of the environment backward production technology, processes, equipment and products to implement the phase-out system. The relevant departments of the State Council, in accordance with the division of responsibilities, to formulate and publish a list of production technologies, processes, equipment and products to be eliminated.
Article 13 The relevant departments of the State Council may, as required, approve the establishment of energy conservation, water conservation, waste recycling and other environmental and resource protection product symbols, and in accordance with national regulations to formulate the corresponding standards.
Article XIV of the people's governments at or above the county level, science and technology departments and other relevant departments, shall guide and support cleaner production technologies and products conducive to the protection of the environment and resources, research and development, as well as cleaner production technology demonstration and promotion work.
Article XV of the State Council education department, shall cleaner production technology and management courses into the relevant higher education, vocational education and technical training system.
The relevant departments of the people's governments at or above the county level to organize and carry out cleaner production publicity and training, to raise awareness of cleaner production among state workers, business managers and the public, and to train cleaner production management and technical personnel.
Press and publication, broadcasting, film and television, culture and other units and relevant social organizations, should play their respective advantages in cleaner production publicity work.
Article 16 The people's governments at all levels shall give priority to the procurement of energy conservation, water conservation, waste recycling and other products conducive to environmental and resource protection.
The people's governments at all levels shall, through publicity, education and other measures to encourage the public to purchase and use energy-saving, water-saving, waste recycling products conducive to environmental and resource protection.
Article XVII of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government is responsible for the overall coordination of cleaner production, environmental protection departments, according to the need to promote cleaner production, in the region's major media to publish a list of enterprises that do not meet the control targets for energy consumption, key pollutant emission control targets, to provide a basis for the public to monitor the implementation of cleaner production enterprises.
Included in the preceding paragraph of the list of enterprises, should be in accordance with the State Council's comprehensive coordination of cleaner production departments, environmental protection departments to publish the energy consumption or key pollutants generated, emissions, subject to public scrutiny.
Implementation
Article 18 of the new construction, alteration and expansion projects should be carried out environmental impact assessment, the use of raw materials, resource consumption, comprehensive utilization of resources, as well as the generation and disposal of pollutants and other analytical demonstration, giving priority to the use of high resource utilization as well as less pollutants generated by the cleaner production technologies, processes and equipment.
Article 19 Enterprises in the process of technological transformation, shall take the following cleaner production measures:
(1) the use of non-toxic, non-hazardous or low-toxic, low-hazardous raw materials, instead of toxic, hazardous raw materials;
(2) the use of high resource utilization, pollutants generated by the low amount of technology and equipment, instead of low resource utilization, pollutants generated by the more
(c) Comprehensive utilization or recycling of wastes, wastewater and waste heat generated in the production process;
(d) Adoption of pollution prevention and control technologies that can meet the national or local pollutant emission standards and total pollutant emission control targets.
Article 20 The design of products and packaging, should consider its impact on human health and the environment in the life cycle, giving priority to non-toxic, harmless, easy to degrade or easy to recycle the program.
Enterprises shall package products in a reasonable manner, and the material, structure and cost of packaging shall be compatible with the quality, specifications and cost of the products contained therein, so as to minimize the generation of packaging waste, and shall not engage in over-packaging.
Article 21 Enterprises producing large-scale electromechanical equipment, motorized means of transport and other products designated by the industrial department of the State Council shall, in accordance with the technical specifications formulated by the standardization department of the State Council or its authorized agencies, indicate the standard grades of the material components on the main components of the product.
Article 22 Agricultural producers shall scientifically use chemical fertilizers, pesticides, agricultural films and feed additives, improve planting and breeding techniques, achieve high quality and harmlessness of agricultural products and resourcefulness of agricultural production wastes, and prevent pollution of the agricultural environment.
It is prohibited to use toxic and hazardous wastes as fertilizers or for making fields.
Article 23 Service enterprises such as catering, entertainment and hotels shall adopt energy-saving, water-saving and other technologies and equipment conducive to the protection of the environment, and reduce the use of, or refrain from using, consumer products that waste resources and pollute the environment.
Article 24 Construction projects shall adopt energy-saving, water-saving and other architectural design plans, construction and decoration materials, building components and equipment conducive to environmental and resource protection.
Construction and decoration materials must comply with national standards. It is prohibited to produce, sell and use construction and decoration materials whose toxic and harmful substances exceed the national standards.
Article 25 The exploration and exploitation of mineral resources shall adopt methods of exploration and exploitation and process technologies conducive to the rational utilization of resources, the protection of the environment and the prevention of pollution, so as to improve the level of resource utilization.
Article 26 Enterprises shall, under economically and technically feasible conditions for the production and service process of waste, waste heat and other self-recycling or transferred to other enterprises and individuals in a position to utilize.
Article 27 of the enterprise shall monitor the production and service process of resource consumption and waste generation, and as needed, production and service implementation of cleaner production audit.
Enterprises in one of the following circumstances, shall implement mandatory cleaner production audits:
(a) pollutant emissions exceed the national or local emission standards, or not exceeding the national or local emission standards, but more than the total key pollutant emission control indicators;
(b) more than the limit of energy consumption per unit of product standard constitutes a high energy-consuming
(c) the use of toxic and hazardous raw materials for production or the emission of toxic and hazardous substances in production.
Enterprises that discharge pollutants in excess of national or local emission standards shall be governed in accordance with the provisions of laws relating to environmental protection.
Enterprises implementing mandatory cleaner production audits shall report the results of the audit to the local people's government at or above the county level is responsible for the integrated coordination of cleaner production, environmental protection departments, and in the region's major media, subject to public scrutiny, except where commercial secrets are involved.
The relevant departments of the local people's governments above the county level shall supervise the implementation of mandatory cleaner production audits, if necessary, can be organized to assess the effectiveness of the implementation of cleaner production acceptance of enterprises, the required costs into the same level of government budget. Undertake the assessment and acceptance of the work of the department or unit shall not be assessed and accepted by the enterprise charges.
The implementation of cleaner production audit of the specific measures, by the State Council cleaner production integrated coordination departments, environmental protection departments, in conjunction with the State Council departments concerned to develop.
Article 28 Enterprises other than those specified in the second paragraph of Article 27 of this Law may voluntarily enter into agreements with the comprehensive coordinating department for cleaner production and the environmental protection department to further conserve resources and reduce pollutant emissions. Such integrated cleaner production coordinating department and environmental protection department shall publicize the name of the enterprise and its achievements in saving resources and preventing pollution in the major media in the region.
Article 29 Enterprises may, on a voluntary basis, in accordance with the provisions of the state environmental management system and other certification, commissioned by the State Council certification and accreditation supervision and management department accredited by the certification body to carry out certification to improve the level of cleaner production.
Incentives
Article 30 The state to establish a cleaner production recognition and reward system. For units and individuals who have made significant achievements in cleaner production work, the people's government to give recognition and rewards.
Article 31 The people's governments at or above the county level shall give financial support to the people's governments engaged in research, demonstration and training in cleaner production, and the implementation of key national cleaner production technological transformation projects and the technological transformation projects set forth in the voluntary agreements on resource conservation and reduction of pollutant emissions as provided for in Article 28 of this Law.
Article 32 In the Small and Medium-sized Enterprises Development Fund established in accordance with the provisions of the State, an appropriate amount shall be arranged for supporting the implementation of cleaner production by small and medium-sized enterprises in accordance with the needs.
Article 33 In accordance with the law, the use of waste and recovery of raw materials from waste products, in accordance with state regulations to enjoy tax incentives.
Article 34 The costs of enterprises for cleaner production audits and training can be included in the operating costs of enterprises.
Legal Responsibility
Article 35 If the integrated and coordinating departments of cleaner production or other relevant departments fail to fulfill their duties in accordance with the provisions of this Law, the directly responsible supervisory personnel and other directly responsible personnel shall be given sanctions in accordance with the law.
Article 36 violation of the provisions of paragraph 2 of Article 17 of this Law, not in accordance with the provisions of the announcement of energy consumption or key pollutants, emissions, by the local people's government at or above the county level is responsible for the comprehensive coordination of cleaner production departments, environmental protection departments in accordance with the division of responsibilities ordered to be published, and may be subject to a fine of up to 100,000 yuan.
Article 37 violation of the provisions of Article 21 of this Law, the composition of the product material is not labeled or not truthfully labeled, by the local people's government at or above the county level, quality and technology supervision department shall order a period of time to make corrections; refuses to make corrections, shall be subject to a fine of less than fifty thousand yuan.
Article 38 violation of the provisions of the second paragraph of Article 24 of this Law, the production and sale of toxic and hazardous substances exceeding the national standard of construction and decoration materials, in accordance with the Product Quality Law and the provisions of the relevant civil and criminal laws, and to pursue the administrative, civil and criminal legal responsibility.
Article 39 violation of the provisions of Article 27, paragraph 2, paragraph 4 of this Law, does not implement mandatory cleaner production audits or in the cleaner production audit of falsehoods, or the implementation of mandatory cleaner production audits of the enterprise does not report or do not truthfully report the results of the audit, by the people's governments at or above the county level is responsible for the comprehensive coordination of cleaner production departments, environmental protection departments in accordance with the division of responsibilities ordered to Deadline for correction; refusal to make corrections, a fine of 50,000 yuan or more than 500,000 yuan.
In violation of the provisions of paragraph 5 of Article 27 of this Law, the departments or units responsible for the assessment and acceptance of the work and their staff to assess the acceptance of the enterprise charges, not truthfully assess the acceptance of the assessment or acceptance of the assessment and acceptance of falsehoods, or the use of the convenience of the position to seek benefits, on the directly responsible persons in charge of the other directly responsible personnel shall be given sanctions in accordance with law; constitutes a crime, shall be investigated for Criminal responsibility.
Attachments
Article 40 This Law shall come into force on January 1, 2003, and shall be implemented as of the same date.