Regulations of Shijiazhuang Municipality on the Prevention and Control of Air Pollution

Chapter I General Provisions

Article 1 In order to prevent and control air pollution, protect and improve the living environment and ecological environment, safeguard human health, and promote sustainable economic and social development, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Air Pollution, the Regulations of Hebei Province on the Prevention and Control of Air Pollution and other relevant laws and regulations, combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to the prevention and control of air pollution within the administrative area of this Municipality.

Article 3 People's governments at all levels shall incorporate the prevention and control of air pollution into the national economic and social development plan and the overall urban construction plan, rationally lay out the industrial layout, adjust the industrial structure and energy structure, control the total emission, encourage and support the development of clean energy, and protect and improve the atmospheric environment.

Article 4 The competent administrative department of environmental protection of the people's government at or above the county level shall exercise unified supervision and management over the prevention and control of air pollution within its jurisdiction; Other relevant administrative departments shall supervise and manage the prevention and control of air pollution within their respective functions and duties.

Article 5 All units and individuals have the obligation to protect the atmospheric environment and have the right to report and accuse the units and individuals that pollute the atmospheric environment.

People's governments at all levels shall reward units and individuals that have made remarkable achievements in preventing and controlling air pollution and protecting and improving the atmospheric environment.

Chapter II Prevention and Control of Air Pollution

Article 6 The Shijiazhuang Municipal People's Government shall, in accordance with the national and provincial atmospheric environmental quality standards and air pollutant discharge standards, implement total amount control, check the total amount of major air pollutants discharged by enterprises and institutions that discharge pollutants into the atmosphere, such as Northeast Industrial Zone, West Building Materials Zone and Thermal Power Plant, and issue major air pollutant discharge permits in accordance with the conditions and procedures stipulated by the State Council and Hebei Province, and in accordance with the principles of openness, fairness and impartiality.

Article 7 Enterprises and institutions with the task of controlling the total amount of atmospheric pollutants must adopt advanced air pollution treatment facilities and discharge pollutants according to the approved total amount of major atmospheric pollutants and the discharge conditions stipulated in the license.

Article 8 Units that discharge pollutants into the atmosphere must normally use air pollutant treatment facilities. Without the approval of the competent administrative department of environmental protection of the local people's government at or above the county level, the air pollutant treatment facilities shall not be dismantled or left idle without authorization.

Article 9 The competent administrative department of environmental protection at or above the county level shall implement the system of controlling and monitoring the total amount of air pollutants, popularize advanced air pollution monitoring technology, timely monitor the pollutant discharge of pollutant discharge units, and regularly publish the air pollutant discharge of pollutant discharge units.

Key units that discharge pollutants into the atmosphere shall install automatic monitoring facilities for the discharge of atmospheric pollutants and report the data to the competent administrative department of environmental protection on a regular basis.

Tenth people's governments at or above the county level shall make plans for heavily polluting enterprises that have a significant impact on people's living environment in urban areas and urban areas, and move within a time limit. Failing to relocate within the time limit, it shall be ordered to stop production or business.

Article 11 Units and individuals that produce and sell environmental protection products or undertake the design of environmental pollution control projects within the administrative area of this Municipality must hold the approval certificate of the relevant administrative department of Hebei Province and register with the administrative department of environmental protection of Shijiazhuang City. Without registration, it shall not be manufactured, sold or designed in this city.

* Note: The administrative licensing project "Units and individuals who produce and sell environmental protection products or undertake the design of environmental pollution control projects must hold the approval certificate of the relevant administrative department of Hebei Province and register with the environmental protection administrative department of Shijiazhuang City for the record" has been decided by the Standing Committee of Shijiazhuang Municipal People's Congress on the second batch of administrative licensing projects to stop the implementation of local regulations of Shijiazhuang City and related penalties and modify relevant provisions (release date: July 27, 2005 implementation date:.

Twelfth units and individuals in the area covered by the central heating pipe network in Shijiazhuang City shall use the central heating heat source. Units that have achieved central heating shall not build new coal-fired heating facilities, and the original coal-fired facilities and chimneys must be removed.

Units and individuals outside the coverage area of Shijiazhuang City, High-tech Industrial Development Zone and counties (cities) central heating pipe network are prohibited from installing and using coal-fired boilers of 0.7 MW and below.

Thirteenth add, update boilers and other combustion facilities, must be reported to the local administrative department of environmental protection, after approval, can be reported to the relevant departments for examination and approval.

Article 14 Where boilers and kilns with a capacity of more than 0.7 MW are used, high-quality coal with low sulfur content and low ash content or other clean energy sources shall be used, and dust removal and sulfur dioxide removal devices shall be installed or other desulfurization and sulfur fixation measures shall be taken to meet the national emission standards.

Fifteenth in Shijiazhuang city, high-tech industrial development zone, xinji city, Luquan, Xinle, Gaocheng, Jinzhou and Zhengding, Luancheng, Jingxing and Pingshan counties, it is forbidden to sell and directly burn coal and its products with sulfur content exceeding 65438 0%. Except those approved by Shijiazhuang Municipal People's Government.

Article 16 The environmental impact report of a new construction project that discharges pollutants into the atmosphere must be approved by the competent administrative department of environmental protection at or above the county level. Before a construction project is put into production or use, its air pollution prevention and control facilities must be checked and accepted by the competent administrative department of environmental protection. Those that fail to meet the requirements of relevant state construction projects shall not be put into production or use.

Seventeenth counties (cities), districts of cement, quarrying, coal mining, smelting and other production enterprises, should control the discharge of atmospheric pollutants, after the deadline for treatment is still not up to standard, the county (city) District People's government should be ordered to stop production, shut down.

Cement and lime production enterprises are prohibited from using production equipment and backward production technology that have been explicitly eliminated by the state.

Eighteenth in Shijiazhuang City, within the second ring road and high-tech industrial development zone, engaged in construction projects, should use commercial concrete. If commercial concrete cannot be used due to special circumstances, it must be approved by the construction administrative department of Shijiazhuang Municipal People's Government.

Engaged in building construction activities that produce dust pollution in the urban area of Shijiazhuang, enclosure operations must be carried out, and cleaning measures should be taken at the construction site. It is forbidden to throw garbage from the air to prevent dust pollution.

Nineteenth in the urban and suburban areas of Shijiazhuang, enterprises, units and construction sites engaged in catering services must use clean energy such as liquefied petroleum gas, gas, natural gas and electricity.

Cooking stoves engaged in food service stalls should use clean energy or sulfur-fixing briquette.

Twentieth Shijiazhuang city is prohibited from engaging in open-air barbecue.

Twenty-first it is forbidden to burn asphalt, linoleum, rubber, plastic, leather, garbage and other substances that produce toxic and harmful smoke or malodorous gases within the administrative area of Shijiazhuang City.

If it is really necessary to heat asphalt in the open air during construction, it shall be reported to the local environmental protection administrative department for approval, and sealed heating equipment with exhaust gas treatment device shall be used.

Twenty-second it is forbidden to build livestock and poultry farms (fields) and dry livestock and poultry manure in densely populated areas, tourist attractions, airports and public places that may have malodorous effects.

Construction of livestock and poultry farms (fields) and drying of livestock and poultry manure outside the prohibited scope shall be reported to the local environmental protection administrative department for approval, and preventive measures shall be taken.

Twenty-third it is forbidden to burn crop straws and fallen leaves in the open air.

Relevant government departments should actively carry out scientific research on comprehensive utilization of straw and popularize advanced technology and equipment for comprehensive utilization of straw and returning straw to fields.

Twenty-fourth people's governments at or above the county level shall strengthen urban greening, expand the green area, reduce exposed ground and ground dust, promote the use of advanced machinery to clean roads, and regularly sprinkle water on main streets to prevent and control urban dust pollution.

Twenty-fifth public security traffic management department is responsible for the initial inspection, annual inspection and road inspection of motor vehicle exhaust pollution. The competent administrative department of environmental protection may conduct supervision and sampling inspection on the pollutant discharge status of motor vehicles in use at the parking place of motor vehicles.

No unit or individual may refuse the public security traffic management department and the competent administrative department of environmental protection to test and sample the vehicles in use.

Twenty-sixth in-use motor vehicle pollutant emissions exceed the national emission standards, not on the road; Those who exceed the local emission standards stipulated by Hebei Province shall not drive in the inner districts, suburbs and high-tech industrial development zones of Shijiazhuang City.

Agricultural motor vehicles entering urban areas must be approved by the public security traffic management department and run on fixed sections regularly.

Chapter III Legal Liability

Twenty-seventh any of the following acts shall be punished by the competent administrative department of environmental protection:

(1) Whoever, in violation of the provisions of Article 7 of these regulations, discharges pollutants into the atmosphere in excess of the prescribed discharge standards shall be treated within a time limit and fined not less than 10,000 yuan but not more than 100,000 yuan. The decision of governance within a time limit and the administrative punishment in violation of these provisions shall be decided by the Shijiazhuang Municipal People's Government. Unless otherwise stipulated by the state.

(two) in violation of the provisions of article eighth of this Ordinance, it shall be ordered to stop the illegal act, make corrections within a time limit, give a warning or impose a fine of not less than ten thousand yuan but not more than fifty thousand yuan.

(three) in violation of the provisions of the second paragraph of article ninth of this Ordinance, it shall be given a warning and installed within a time limit. Fails to install, can be fined 5000 yuan to 50 thousand yuan;

(four) in violation of the provisions of article eleventh of this Ordinance, it shall be ordered to stop the illegal act and impose a fine of not less than three thousand yuan but not more than thirty thousand yuan;

* Note: The administrative licensing item "Units and individuals who produce and sell environmental protection products or undertake the design of environmental pollution control projects must hold the approval certificate of the relevant administrative department of Hebei Province and register with the administrative department of environmental protection of Shijiazhuang City for the record" has been approved by the Decision of the Standing Committee of Shijiazhuang Municipal People's Congress on the Second Batch of Administrative Licensing Items to Stop the Implementation of Local Regulations of Shijiazhuang City and Relevant Penalties and Amend Relevant Clauses (release date: July 27, 2005).

(five) in violation of the provisions of the twelfth paragraph of this Ordinance, it shall be ordered to stop the illegal act and dismantle it within a time limit, and may be fined between one thousand yuan and fifty thousand yuan;

(six) in violation of the provisions of the second paragraph of Article 12 of this Ordinance, dismantle it within a time limit, and if it is not dismantled within the time limit, forcibly dismantle or confiscate the boiler;

(seven) in violation of the provisions of article thirteenth of this Ordinance, the deadline for completing the examination and approval procedures. If it fails to make corrections within the time limit, it shall be ordered to stop using it, and a fine ranging from 1000 yuan to 30,000 yuan may be imposed;

(eight) in violation of the provisions of article fourteenth of this Ordinance, the deadline to take control measures, fails to take control measures or still does not meet the national standards, shall be ordered to stop using, and impose a fine of ten thousand yuan to fifty thousand yuan;

(nine) in violation of the provisions of article fifteenth of these regulations, it shall be ordered to stop the illegal act and make corrections within a time limit. If the circumstances are serious, facilities burning highly polluting fuels may be dismantled or confiscated;

(ten) in violation of the provisions of the provisions of article sixteenth, shall be ordered to stop production or use, and may be fined ten thousand yuan to one hundred thousand yuan;

(eleven) in violation of the provisions of article nineteenth of this Ordinance, the deadline to switch to clean energy, overdue reform, shall be ordered to dismantle or confiscate the facilities burning highly polluting fuels;

(twelve) in violation of the provisions of article twenty-first, shall be ordered to stop the illegal act, and impose a fine of twenty thousand yuan;

(thirteen) in violation of the provisions of the first paragraph of article twenty-second, shall be ordered to stop production or shut down, and impose a fine of twenty thousand yuan;

(fourteen) in violation of the provisions of the first paragraph of article twenty-third, shall be ordered to stop the illegal act, if the circumstances are serious, can be fined two hundred yuan.

Twenty-eighth in violation of the provisions of the provisions of article twentieth, the administrative department of city appearance and environmental sanitation confiscated barbecue utensils, and may be fined up to two hundred yuan.

Twenty-ninth in violation of the provisions of the second paragraph of article seventeenth of this Ordinance, the comprehensive economic department of the people's government at or above the county level shall be ordered to make corrections; If the circumstances are serious, the comprehensive economic department of the people's government at or above the county level shall put forward opinions and report to the people's government at the same level to order it to suspend business or close down in accordance with the authority prescribed by the State Council.

Thirtieth in violation of the provisions of the provisions of article eighteenth, make corrections within a time limit and impose a fine of twenty thousand yuan; If it fails to meet the prescribed requirements within the time limit, it may be ordered to stop work for rectification.

The provisions of the preceding paragraph caused by construction dust pollution, shall be punished by the administrative department of construction of the Municipal People's government; Those who cause other dust pollution shall be punished by the administrative department of city appearance and environmental sanitation of the Municipal People's Government.

Article 31 in violation of the provisions of Article 25 and Article 26 of these regulations, the traffic administrative department of the public security refuses to issue license plates to motor vehicles that fail to meet the emission standards after the initial inspection; If the annual inspection does not meet the emission standards, the annual inspection certificate shall not be issued; If the road inspection fails to meet the emission standards or black smoke is visible by visual inspection, the motor vehicle driver shall be punished in accordance with the provisions of Article 79 of the Regulations of the People's Republic of China on Road Traffic Management, and may be ordered to stop driving or take effective sewage purification measures within a time limit.

Units and individuals who refuse to accept the inspection by the public security traffic management department and the sampling by the competent administrative department of environmental protection shall be fined in 200 yuan per vehicle (times).

Article 32 Units or individuals that have caused air pollution hazards have the responsibility to eliminate the hazards and compensate the units or individuals that have suffered direct losses.

Disputes over the liability for compensation and the amount of compensation may be settled through mediation by the competent administrative department of environmental protection at the request of the parties concerned; If mediation fails, the parties may bring a lawsuit to the people's court. The parties may also directly bring a suit in a people's court.

Thirty-third administrative law enforcement departments and law enforcement personnel, one of the following acts, the directly responsible person in charge and the directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) the collection of sewage charges and fines without the use of bills issued by the financial sector;

(2) Failing to perform their duties, or being perfunctory, irresponsible or negligent in performing their duties;

(three) do not perform their duties correctly, beyond the authority to abuse power for personal gain;

(4) Accepting bribes or engaging in malpractices for personal gain;

(five) corruption, misappropriation of fines or sewage charges levied.

Article 34 If a party refuses to accept the administrative punishment, it may apply for reconsideration or bring a lawsuit to the people's court according to law. If it fails to apply for reconsideration, bring a suit in a people's court or perform the decision on administrative punishment within the time limit, the organ that made the decision on administrative punishment may apply to the people's court for compulsory execution.

Chapter IV Supplementary Provisions

Article 35 The urban area of Shijiazhuang as mentioned in these Regulations includes urban areas, suburbs and mining areas.

Article 36 These Regulations shall come into force on 200 1 year/month 1 day.