On July 6th, the Standing Committee of the Municipal People's Congress held a press conference to publicize and implement the Regulations on the Prevention and Control of Air Pollution in Xinxiang City, and announced that the Regulations on the Prevention and Control of Air Pollution in Xinxiang City will come into effect on September 1th this year after being examined and approved by the 11th meeting of the Standing Committee of the 13th National People's Congress of Henan Province.

Xinxiang air pollution prevention and control regulations is the fourth substantive law formulated since our city has local legislative power, and it is also the first comprehensive air pollution prevention and control regulations in our city. The legal responsibilities of the government and its functional departments have been clarified, a scientific and effective management mechanism has been established and improved, air pollution prevention and control measures in key areas have been refined, penalties for environmental violations have been increased, and the legislation of districts and cities has played a supplementary, detailed and innovative role, reflecting local characteristics and improving pertinence and operability.

real estate industry requires

violators to be held accountable

Article 13:

People's governments of cities and counties (cities, districts) should start emergency plans in time according to the warning level of heavy polluted weather. According to the emergency needs, take emergency measures such as ordering relevant enterprises to stop production or production, restricting the driving of some motor vehicles, stopping earth and stone work and building demolition, stopping outdoor activities organized by kindergartens and schools, and organizing weather modification operations.

in violation of the provisions of article 13 of these regulations, those who refuse to implement measures to stop production or limit production shall be fined between 21,111 yuan and 211,111 yuan by the competent department of ecology and environment; Refusing to stop earth and stone work or demolish buildings, the departments of housing and urban construction, transportation, urban management and water conservancy shall, according to their respective functions and duties, impose a fine of not less than 11,111 yuan but not more than 111,111 yuan; Those who refuse to implement motor vehicle control measures shall be punished by the traffic administrative department of the public security organ in accordance with relevant regulations.

Article 25

The following measures shall be taken in the construction sites that may produce dust pollution activities, such as housing construction, demolition and renovation, municipal infrastructure construction, water conservancy construction, road construction and landscaping construction in urban planning areas:

(1) Before the construction project starts, hard enclosures shall be set around the construction sites and maintained; For the construction land that has not started yet, cover the exposed ground; If the project has not started for more than three months, dust prevention measures such as greening, paving or covering shall be taken;

(2) Publicize the information such as the person in charge of the construction site, the environmental grid supervisor, the dust pollution control measures, the report telephone number, and the report of WeChat WeChat official account at the entrance and exit of the construction site;

(3) set up vehicle washing facilities at the exit of the construction site and supporting drainage and mud sedimentation facilities. Construction vehicles are not allowed to drive on the road with mud, and the roads on the construction site and the roads around the entrance and exit are not allowed to have mud and construction waste;

(4) If hardening treatment measures are taken at the entrances and exits of the construction site, main roads, processing areas, etc., and it is really impossible to harden due to ecological and farming reasons, other effective dust suppression measures shall be taken;

(5) If cement, lime soil, sand and gravel, construction waste, engineering dregs, construction earthwork and other materials that are prone to dust pollution are piled up in the construction site, cover, seal or other dust suppression measures shall be taken; Construction waste shall be removed in time, and shall not be removed without a permit or dumped at will;

(6) It is forbidden to mix concrete and mortar at the construction site;

(7) If decorative pieces such as ceramic tiles and stone slabs are paved on the construction site, dry cutting is prohibited;

(8) On-line monitoring and video monitoring shall be installed in construction sites above designated size, and they shall be connected with local industry authorities;

(9) When the wind speed in the weather forecast reaches level 4 or above, earthwork operations, demolition works and other constructions that may produce dust pollution shall be stopped;

(11) other dustproof measures that should be taken.

in violation of the provisions of article 25 of these regulations, the housing and urban-rural construction department or other departments responsible for supervision and management shall order it to make corrections and impose a fine of not less than 21,111 yuan but not more than 111,111 yuan; Those who refuse to make corrections shall be ordered to stop work for rectification, and the department that has made the punishment decision according to law may impose continuous punishment on a daily basis according to the original amount of punishment from the day after the date of ordering correction.

full text

chapter I general principles

article 1 in order to protect and improve the atmospheric environment, prevent and control atmospheric pollution, safeguard public health, promote the construction of ecological civilization, and promote green and sustainable economic and social development, in accordance with the environmental protection law of the people's Republic of China, the law of the people's Republic of China on the prevention and control of air pollution, the regulations on the prevention and control of air pollution in Henan province and other laws and regulations,

article 2 these regulations are applicable to the prevention and control of air pollution and its supervision and management activities within the administrative area of this municipality.

in addition to the provisions of these regulations, if there are other provisions in laws and regulations, those provisions shall prevail.

article 3 the prevention and control of air pollution shall adhere to the principles of government leading, treatment by units, participation by the whole people, prevention at the source, combination of prevention and control, and responsibility for damage.

article 4 the people's governments of cities and counties (cities, districts) shall be responsible for the quality of the atmospheric environment within their respective administrative areas, strengthen their leadership in the prevention and control of air pollution, establish and improve the responsibility system, monitoring system and evaluation system, improve the innovative investigation and management mechanism, tracking and supervision mechanism and reward and punishment incentive mechanism, make overall plans to study and solve major problems in the prevention and control of air pollution, and urge relevant departments to perform their supervision and management duties according to law.

township people's governments and sub-district offices shall, under the guidance of the leaders of county (city, district) people's governments and their relevant departments, organize and carry out air pollution prevention and control work according to the actual situation of their respective jurisdictions.

the village (neighborhood) committees educate and guide the villagers to consciously abide by the laws and regulations on air pollution prevention and control, and do a good job in air pollution prevention and control under the guidance of the people's government at a higher level and its relevant departments.

Article 5 The competent department of ecological environment of the Municipal People's Government shall exercise unified supervision and management over the prevention and control of air pollution.

municipal and county (city, district) people's government departments (institutions) such as development and reform, industry and information technology, public security, natural resources and planning, urban and rural housing construction, urban management, transportation, water conservancy, agriculture and rural areas, market supervision and management, meteorology, etc. shall, within their respective functions and duties, do a good job in the supervision and management of air pollution prevention and control.

article 6 enterprises, institutions and other producers and operators shall abide by the provisions of laws and regulations, implement the environmental protection management system, promote cleaner production, prevent and reduce air pollution at the source, truthfully disclose environmental information, accept the supervision of regulatory authorities and society, and bear the responsibility for the damage caused according to law.

citizens should fulfill their obligations to protect the atmospheric environment, and have the right to complain and report the units and individuals that cause air pollution, and the right to report and accuse the supervision and management departments and their staff members of failing to perform their duties according to law.

chapter ii supervision and management

article 7 implements grid supervision of air pollution prevention and control. The people's governments of cities and counties (cities, districts) shall, in accordance with the principles of territorial management, graded responsibility, clear responsibilities and rights, and comprehensive coverage, establish and improve the four-level grid supervision mechanism of cities, counties, townships and villages, and clarify the supervision objects, contents, standards and responsible persons, and announce them to the public.

the municipal people's government has established a grid-based environmental supervision and command mechanism to conduct task decomposition, command and dispatch of the city's air pollution prevention and control work.

article 8 the people's governments of cities and counties (cities, districts) shall strengthen the informatization construction of air pollution prevention and control, and establish and improve the monitoring system of atmospheric environment.

the competent department of ecological environment of the municipal people's government is responsible for the unified supervision and monitoring of atmospheric environmental quality and atmospheric pollution sources in this municipality, and establishing and improving the atmospheric environmental monitoring network. County (city, district) people's governments shall set up atmospheric environmental monitoring stations in accordance with the requirements of relevant monitoring technical specifications.

article 9 implements the target responsibility system for atmospheric environmental protection.

in areas where the assessment target of atmospheric environmental quality has not been completed, the municipal people's government will interview the main person in charge of the local people's government, and suspend the examination and approval of the environmental impact assessment documents of construction projects with the total amount of newly added key atmospheric pollutants in this area according to law. The interview should be made public.

units and individuals that have made remarkable achievements in preventing and controlling air pollution and protecting and improving the atmospheric environment shall be rewarded, and the specific measures shall be formulated by the municipal people's government.

article 11 the ecological compensation system for air quality shall be implemented, and the compensation funds shall be used exclusively for the prevention and control of air pollution. the specific measures shall be formulated by the municipal people's government and evaluated and revised in a timely manner according to the implementation.

article 11 implements a green dispatching system.

during the occurrence or prediction of possible polluted weather, winter heating, quiet weather and high temperature weather, the competent department of ecological environment of the Municipal People's Government, together with the department of industry and information technology, can conduct differentiated control on air pollutant emission units that have a great impact on the quality of the atmospheric environment according to their energy consumption level, pollutant emission level and cleaner production level.

the competent department of ecology and environment of the municipal people's government, together with the department of industry and information technology, allows priority production to industrial enterprises and other air pollutant emission units that have reduced pollutant emissions and reached the leading level in the industry by replacing clean energy, realizing ultra-low emission and carrying out cleaner production.

article 12 the competent department of ecological environment of the municipal people's government and the meteorological agency shall establish a mechanism for monitoring, early warning and consultation on heavily polluted weather, so as to forecast the atmospheric environmental quality and heavily polluted weather.

the municipal people's government shall, according to the forecast information of heavy pollution weather, determine the early warning response level of heavy pollution weather, uniformly release early warning information, and organize the implementation of corresponding response measures. No other unit or individual may release the warning information of heavy pollution weather to the society without authorization.

the municipal people's government shall, according to the prediction results of atmospheric environmental quality, release the early warning response of heavily polluted weather or lower the early warning response level in time when the heavily polluted weather ends or lightens.

article 13 the people's governments of cities and counties (cities, districts) shall formulate emergency plans for heavily polluted weather, report them to the competent department of ecological environment of the people's government at the next higher level for the record, and make them public. According to the update of the emergency plan for heavy polluted weather at the higher level, it will be revised, filed and published in time.

the people's governments of cities and counties (cities, districts) should start the emergency plan in time according to the warning level of heavy polluted weather. According to the emergency needs, take emergency measures such as ordering relevant enterprises to stop production or production, restricting the driving of some motor vehicles, stopping earth and stone work and building demolition, stopping outdoor activities organized by kindergartens and schools, and organizing weather modification operations.

enterprises and institutions that are included in the emergency plan for heavily polluted weather should prepare the emergency operation plan for heavily polluted weather as required, report it to the competent department of ecological environment for the record, and implement corresponding emergency emission reduction measures in accordance with regulations.

article 14 after the emergency response of heavily polluted weather is completed, the people's governments of cities and counties (cities, districts) shall timely evaluate the implementation of emergency plans, revise and improve emergency plans in a timely manner, and put them on record and publish them.

chapter iii prevention and control measures

article 15 the people's governments of cities and counties (cities, districts) shall formulate relevant policies to promote the development of clean energy and optimize the energy structure, control the increase of coal consumption for electricity, reduce the total coal consumption in non-electricity industries, promote the substitution of clean energy and realize the reduction of coal consumption.

the development and reform department of the people's government of the city or county (city, district) shall, jointly with the departments of industry, information technology and ecological environment, formulate a regional total coal consumption control plan at the same level according to the total coal consumption control plan and reduction target at the next higher level, and organize its implementation after being approved by the people's government at the same level.

article 16 the people's governments of cities and counties (cities, districts) shall, in accordance with provincial and municipal regulations, eliminate boilers burning coal, heavy oil, residual oil and biomass directly within their respective jurisdictions. Coal-fired boilers that really need to be retained shall meet the pollutant discharge standards stipulated by the state and the province.

article 17 the people's governments of cities and counties (cities, districts) shall strengthen the management of civil loose coal use, formulate incentive or subsidy policies, build clean energy projects, and promote the use of clean energy.

article 18 the people's governments of cities and counties (cities, districts) shall promote the construction of industrial parks in accordance with the requirements of circular economy and clean production, and guide industrial enterprises to settle in industrial parks through rational planning of industrial layout.

Article 19 The people's governments of cities and counties (cities, districts) shall take measures to promote the adjustment of industrial structure, strictly control the high-emission and high-pollution projects in iron and steel smelting, cement, nonferrous metal smelting, flat glass, chemical industry, building ceramics, refractory materials, bricks and tiles, mining and other industries, and promote the green transformation and intelligent upgrading of traditional coal chemical and cement industries.

High-emission and high-pollution projects in iron and steel smelting, cement, nonferrous metal smelting, flat glass, chemical industry, building ceramics, refractories, bricks and tiles, mining and other industries around densely populated areas and environmentally fragile and sensitive areas in urban built-up areas should be relocated, upgraded or transformed or withdrawn within a time limit.

Article 21 The competent department of ecological environment of the Municipal People's Government shall, jointly with relevant departments and trade associations, formulate the governance norms of relevant industries according to the emission standards of volatile organic compounds and the characteristics of the industries, and guide the existing industries such as organic chemical industry, surface painting, packaging and printing, furniture manufacturing, automobile maintenance, clothing dry cleaning and so on to gradually adopt products with low volatile organic compounds content.

The production, operation and service activities that produce volatile organic compounds waste gas shall be carried out in a closed space or equipment, and pollution control facilities shall be installed and used in accordance with regulations; If it cannot be sealed, measures should be taken for centralized collection and effective treatment to reduce waste gas emissions.

it is forbidden to build, produce and use solvent-based coatings, inks, adhesives and other projects with high volatile organic content.

article 21 oil and gas filling stations, oil storage and gas storage stations, tankers, gas tankers and other related units shall install oil and gas recovery devices in accordance with regulations and keep them in normal use, and regularly submit inspection reports on oil and gas emissions issued by qualified institutions to the competent department of ecological environment.

It is forbidden to produce and sell fuels for motor vehicles, boats and off-road mobile machinery that do not meet the standards; It is forbidden to sell ordinary diesel oil and other non-motor vehicle fuels to automobiles and motorcycles; It is forbidden to sell residual oil, heavy oil and non-conforming fuel oil to non-road mobile machinery.

Article 22 The municipal and county (city) people's governments shall strengthen the construction of traffic network around the city and create conditions for vehicles to bypass the city; Planning and construction of parking lots and bus transfer stations at the entrance and exit of the city, improving the public transportation system and increasing the proportion of public transportation; Strengthen the construction of urban pedestrian and bicycle transportation systems, improve the traffic conditions of bicycles and pedestrians on urban roads, and guide the public to travel in a green and low-carbon way.

the traffic management department of the public security organ should scientifically plan the traffic organization, optimize the signal allocation, improve the traffic facilities, improve the traffic efficiency of the urban road network, and reduce the emission of air pollutants caused by idling or low-speed driving of motor vehicles.

article 23 motor vehicles in use shall be inspected regularly for pollutant discharge in accordance with relevant national and provincial regulations, and only after passing the inspection can they drive on the road. Without passing the inspection, the traffic administrative department of the public security organ shall not issue the safety technical inspection mark. If the air pollutants discharged by motor vehicles in use exceed the standard, they shall be maintained; After maintenance or the use of pollution control technology, the emission of air pollutants still does not meet the national emission standards for motor vehicles in use, and it should be scrapped.

the competent department of ecological environment of the municipal people's government can supervise and sample the pollutant emission of motor vehicles on the road by means of remote sensing monitoring and other means without affecting the normal traffic, and the traffic management department of the public security organ should cooperate.

Ecological environment of the Municipal People's Government