regulations on environmental protection of coal, oil and natural gas development in Shaanxi province
the standing Committee of the ninth Shaanxi provincial people's congress
[ No.29 ]
the regulations on environmental protection of coal, oil and natural gas development in Shaanxi province was adopted at the 19th meeting of the standing Committee of the ninth Shaanxi provincial people's congress on February 2, 2111, and is now promulgated for implementation.
Standing Committee of Shaanxi Provincial People's Congress
February 2, 2111
Regulations on Environmental Protection of Coal, Oil and Natural Gas Development in Shaanxi Province
(adopted at the 19th meeting of the Standing Committee of the Ninth Shaanxi Provincial People's Congress on February 2, 2111)
chapter I general provisions
article 1 these regulations are formulated in accordance with the environmental protection law of the people's Republic of China and other relevant laws and administrative regulations, in combination with the actual situation of this province, in order to protect and improve the living environment and ecological environment, prevent and control pollution, safeguard human health and promote the development of coal, oil and natural gas.
article 2 the exploitation of coal, oil and natural gas mentioned in these regulations includes the exploration, exploitation, storage, transportation and processing of coal, oil and natural gas.
article 3 coal, oil and natural gas development units and management and supervision departments within the administrative area of this province shall abide by these regulations.
article 4 in the environmental protection work of coal, oil and natural gas development, the principle of overall planning, giving priority to prevention, combining pollution prevention with ecological protection shall be implemented, and the principles of whoever develops will protect, whoever destroys will restore, whoever pollutes will control and whoever uses will compensate shall be adhered to.
article 5 the people's governments at or above the county level shall be responsible for the environmental quality of coal, oil and natural gas development within their respective jurisdictions, and implement the target responsibility system for environmental protection of the chief executive and the quantitative assessment system for comprehensive improvement of the regional environment.
article 6 the competent administrative department of environmental protection of the people's governments at or above the county level shall exercise unified supervision and management over the environmental protection work of coal, oil and natural gas development in their respective jurisdictions.
the administrative departments of planning, economy and trade, land and resources, agriculture, forestry, water conservancy, transportation, construction, public security, industry and commerce and township enterprises of the people's governments at or above the county level shall, according to their respective functions and duties, assist the administrative departments of environmental protection to supervise and manage the environmental protection work of coal, oil and natural gas development.
article 7 any unit or individual has the right to report and accuse acts of environmental pollution and destruction in the development of coal, oil and natural gas.
the people's governments at or above the county level shall commend and reward the units and individuals that have made remarkable achievements in environmental protection in the development of coal, oil and natural gas.
chapter ii supervision and management
article 8 the competent administrative department of environmental protection of the people's government at or above the county level shall, jointly with relevant departments, formulate environmental protection plans and annual plans for the development of coal, oil and natural gas, and organize and supervise their implementation.
article 9 the competent administrative department of environmental protection of the people's government at or above the county level shall, according to the national and provincial environmental quality standards and pollutant discharge standards, investigate and evaluate the environmental conditions of coal, oil and natural gas development within its jurisdiction, and supervise and inspect the pollutant discharge units.
article 11 environmental supervision institutions are entrusted by the competent administrative department of environmental protection to conduct on-site inspections on the pollutant discharge of coal, oil and natural gas development units and the operation of pollution prevention facilities within their jurisdiction, participate in the investigation and handling of pollution accidents, and collect sewage charges and excessive sewage charges in accordance with national and provincial regulations.
article 11 the environmental monitoring institutions of the administrative department of environmental protection shall monitor the environmental quality of coal, oil and natural gas development within their jurisdiction, establish pollution source files, and guide the environmental monitoring institutions of coal, oil and natural gas industries to carry out pollution source monitoring in their own industries.
Article 12 A coal, oil and natural gas development unit shall conduct an environmental impact assessment on the newly built, expanded and rebuilt projects, and the development unit can only apply for the relevant procedures after the environmental protection administrative department of the people's government at or above the county level has examined and approved the environmental impact statement (form) of the construction project in accordance with the relevant provisions of the state; Without environmental impact assessment or environmental impact report (table) without the approval of the competent administrative department of environmental protection, planning, land and resources and the administrative department for industry and commerce shall not be approved and registered.
article 13 pollution prevention facilities for coal, oil and natural gas construction projects must be designed, constructed and put into operation simultaneously with the main project.
the construction project can only be put into production or use after the pollution prevention facilities have passed the acceptance of the environmental protection administrative department that originally approved the environmental impact report (table).
article 14 coal, oil and natural gas development units shall protect the normal operation of pollution prevention facilities, and shall not dismantle or leave idle pollution prevention facilities without authorization; If it is really necessary to dismantle or leave it idle, the consent of the local environmental protection administrative department must be obtained.
article 15 coal, oil and natural gas development units shall regularly submit the implementation of ecological protection plans and the operation of pollution prevention facilities to the environmental protection administrative department of the people's government at or above the county level, and accept the supervision and inspection of the environmental protection administrative department.
article 16 where a coal, oil and natural gas development unit discharges pollutants in excess of the total amount and standard, it shall pay the sewage charges and the excessive sewage charges in accordance with the provisions of the state and the province, and the competent administrative department of environmental protection of the people's government at or above the county level shall order it to be treated within a time limit, and the unit ordered to treat within a time limit shall complete the treatment task on schedule.
the sewage charges collected and the excessive sewage charges shall be turned over to the finance for the prevention and control of pollution and shall not be used for other purposes.
chapter iii prevention and control of pollution
article 17 coal, oil and natural gas development units shall implement standardized and scientific management, adopt advanced technologies and equipment, and implement cleaner production, and shall not adopt technologies and equipment prohibited by the state or eliminated.
it is forbidden to transfer the production equipment that causes serious pollution to units that have no pollution prevention and control ability.
article 18 coal mining units shall establish wastewater treatment facilities to treat underground wastewater and coal washing wastewater. The treated wastewater should be utilized; If it is really necessary to discharge, it must meet the national or provincial emission standards.
article 19 coal mining units shall set up coal yards and gangue dumps that meet the requirements of environmental protection, and shall not pile up coal and gangue at will.
coal mining units should take measures to prevent spontaneous combustion of coal.
Article 21 The establishment of coal container stations (stations) should be far away from towns or residential areas according to regulations, and measures should be taken to prevent coal from spreading, loading, unloading and storage.
article 21 an oil exploitation unit shall build a clean well site, make the site flat, clean and sanitary, set up water retaining walls, rainwater outlets and flood control channels that meet the requirements around the well site, and set up anti-leakage oil pollution recovery tanks and sewage tanks in the well site.
it is forbidden to scatter oil and oil-water mixture during burying.
article 22 oil exploitation units shall establish dehydration facilities to dehydrate crude oil. The separated wastewater can be reinjected; If it needs to be discharged, it should be treated to meet the national or provincial discharge standards.
for an oil exploitation unit that has not established crude oil dehydration facilities, the local environmental protection administrative department may designate a unit with crude oil dehydration capacity to handle it on its behalf, and the oil exploitation unit shall bear the processing expenses.
article 23 oil and natural gas exploitation units must strictly manage toxic chemicals and articles containing radioactive substances, and low-toxic and low-alkali chemical mud should be used in drilling and underground operations. Mud, cuttings and other wastes containing toxic chemicals and radioactive substances should be treated to prevent environmental pollution.
article 24 oil and natural gas exploitation units shall strengthen the safety management of oil and gas pipelines, and assign special personnel to take charge of them to prevent them from being broken or perforated, thus causing leakage. When transporting petroleum, acid, alkali and other toxic and harmful substances, safety precautions shall be taken to prevent leakage, overflow and scattering.
Article 25 The natural gas wells shall be tested and blowed away from residential areas and buildings according to regulations, and the discharged gas shall be ignited and burned.
The transportation, storage and safekeeping of radioactive neutron sources used for testing oil wells and natural gas wells, as well as the treatment of pollutants, shall be managed in accordance with the Regulations of the State Council on Radiation Protection of Radioisotopes and Radiation Devices.
Article 26 Associated gas or other toxic and harmful gases generated in the development of coal, oil and natural gas shall be comprehensively utilized and shall not be discharged at will; If it needs to be discharged, it should be treated to meet the national or provincial discharge standards.
article 27 indigenous oil refining and indigenous coking are prohibited.
the people's governments at or above the county level and their environmental protection administrative departments shall ban indigenous oil refining and indigenous coking within their jurisdiction according to law.
article 28 coal, oil and natural gas development units must report to the competent administrative department of environmental protection of the people's government at or above the county level for pollution discharge registration according to law, and can discharge pollutants according to the prescribed total discharge amount and standards only after obtaining the Pollution Discharge Permit.
article 29 it is forbidden to develop coal, oil and natural gas in the first-class surface water source protection zone for domestic drinking water.
it is forbidden to build or expand coal, oil and natural gas development projects that discharge pollutants into water bodies in the secondary protection zones of surface water sources for drinking water.
it is forbidden to develop coal, oil and natural gas in residential areas and nature reserves, forest parks, scenic spots and cultural relics designated by the State Council and the provincial people's governments.
The pollutants produced by the development of coal, oil and natural gas in the second-class surface water source protection zone for domestic drinking water must be transported out of the protection zone and discharged after centralized treatment.
Article 31 It is forbidden to dump oily garbage, mud, coal cinder, coal gangue and other toxic and harmful substances into rivers, lakes, reservoirs and other surface water bodies.
it is forbidden to store or discharge oily wastewater, mud and other toxic and harmful substances in abandoned mines, seepage pits, cracks and ditches.
article 31 in the development of coal, oil and natural gas, if an accident or other unexpected event causes or may cause a pollution accident, the development unit shall take effective measures to eliminate or reduce the pollution hazard to the environment, promptly notify the units and residents who may be affected by the pollution hazard, and report to the competent administrative department of environmental protection and relevant departments of the people's government at or above the county level.
chapter iv ecological protection
article 32 coal, oil and natural gas development units shall, in accordance with the ecological protection plan, take effective measures to create and protect forest and grassland, improve the coverage rate of forest and grass, and improve and protect the ecological environment in the development areas.
article 33 coal, oil and natural gas development units shall, in accordance with regulations, prepare ecological protection plans and environmental protection chapters of engineering design task books, and organize their implementation.
the competent administrative department of environmental protection of the people's government at or above the county level shall, jointly with relevant departments, supervise and inspect the implementation of the environmental protection chapter of the ecological protection planning and engineering design task book.
article 34 coal, oil and natural gas development units in wind erosion areas shall take measures such as developing water sources, planting trees and grass, setting up artificial sand barriers and grid forest belts in the development areas to protect the ecological environment.
Article 35 If the forest and grassland are destroyed in the development of coal, oil and natural gas, the development unit shall plant the same amount of forest and grassland; In violation of the provisions of the project design task book to increase or expand the damage, three times the original number of trees and grasslands should be planted. Measures for the implementation of planting trees and grasslands shall be formulated by the local people's government at the county level.
article 36 coal mining units shall, in accordance with the ecological protection plan, take measures to prevent land subsidence, ground cracking, landslides, mountain collapses and mudslides.
article 37 before the mine is closed, the coal mining unit shall submit a report on ecological restoration to the administrative department of environmental protection of the people's government at or above the county level, and be responsible for greening or transforming the occupied land into reclaimed land.
article 38 after the laying of oil and natural gas pipelines, the development unit and the construction unit shall, in accordance with the provisions of the environmental protection chapter of the project design task book, resume surface mining and vegetation.
Chapter V Legal Liability
Article 39 Where a coal, oil and natural gas development unit violates the provisions of these Regulations and commits any of the following acts, the competent administrative department of environmental protection of the people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of not less than 3,111 yuan but not more than 51,111 yuan:
(1) refusing to be inspected by the competent administrative department of environmental protection or the department exercising the power of environmental supervision and management according to law, or practicing fraud during inspection;
(2) Failing to pay sewage charges and excessive sewage charges in accordance with national and provincial regulations;
(3) refusing to report or making a false report on pollutant discharge registration;
(4) using technologies and equipment that are prohibited or eliminated by the state, or transferring production equipment that causes serious pollution to units without pollution prevention and control capabilities;
(5) closing, leaving idle or dismantling pollution prevention facilities without authorization.
Article 41 Where a coal, oil and natural gas development unit violates the provisions of these Regulations and commits any of the following acts, the competent administrative department of environmental protection of the people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of not less than 5,111 yuan but not more than 51,111 yuan;
(1) stacking coal and gangue at will outside the coal yard and gangue dump;
(2) transportation, loading and unloading, storage of coal, or transportation of petroleum, acid, alkali and other toxic and harmful substances without anti-leakage, anti-overflow and anti-scattering measures, resulting in environmental pollution;
(3) The oil well site is not equipped with water retaining walls, rainwater outlets and flood control channels that meet the requirements, or is not equipped with anti-leakage oil pollution recovery tanks and sewage tanks, or is full of oil and water mixed in the burying operation;
(4) dumping oily garbage, mud, cinder, coal gangue and other toxic and harmful substances into rivers, lakes, reservoirs and other surface water bodies, or storing or discharging oily wastewater, mud and other toxic and harmful substances in abandoned mines, seepage pits, cracks and ditches.
Article 41 Where a coal, oil and natural gas development unit violates the provisions of these Regulations and commits any of the following acts, the competent administrative department of environmental protection of the people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of not less than 11,111 yuan but not more than 111,111 yuan:
(1) Improper management of toxic chemicals and articles containing radioactive substances, or failure to treat mud, cuttings and other wastes containing toxic chemicals and radioactive substances, resulting in environmental pollution;
(2) improper management of oil and natural gas transportation pipelines leads to pipeline breakage and perforation, or natural gas site selection test blowout fails to keep a safe distance from residential areas and buildings as required, or the discharged gas is not ignited and burned, resulting in environmental pollution;
(3) closing the mine and refusing to afforest or transform the occupied land into reclaimed land.
Article 42 Coal