Chapter I General Provisions
Article 1 in order to protect and improve the environment, prevent and control pollution and other public hazards, promote green development, promote the construction of ecological civilization, and meet the growing needs of the people for a beautiful ecological environment, 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 and in combination with the actual situation of the province.
Article 2 people's governments at various levels shall be responsible for the environmental quality of their administrative areas.
At the beginning of each year, the provincial people's Government shall decompose the environmental quality objectives to the people's governments of cities divided into districts and autonomous prefectures, and regularly organize relevant departments, industry associations and experts to evaluate the implementation of local standards formulated according to law and revise them in due time.
The people's governments at or above the county level shall organize the formulation of environmental protection plans; Establish and improve the target responsibility system and assessment and evaluation system for environmental protection, and conduct outgoing audit of natural resources assets for the main principals of the government and its relevant departments; Establish a coordination mechanism for major issues to coordinate and solve major issues in environmental protection.
The competent department of ecological environment shall exercise unified supervision and administration over the environmental protection work in its administrative area, and other departments shall do a good job in the supervision and administration of environmental protection according to their respective responsibilities.
Article 3 township (town) people's governments and sub district offices shall perform the following environmental protection duties: organize and carry out environmental protection publicity; Carry out comprehensive environmental improvement in rural and urban communities; Carry out daily inspections of environmental protection and report problems to the people's government at the next higher level or relevant departments in time; Assist the relevant departments of the people's governments at higher levels in the prevention and control of environmental pollution; Assist the people's governments at higher levels or relevant departments to carry out environmental law enforcement and deal with environmental emergencies within their jurisdiction.
People's governments at or above the county level shall provide guarantees in terms of talents, technology and funds, and support township (town) people's governments and sub district offices in performing their duties of environmental protection.
Article 4 the village (residents) committee shall guide the village (residents) to stipulate the relevant contents of environmental protection in the village rules and regulations and residents' conventions, and organize the village (residents) to protect and improve the environment, prevent and control pollution and other public hazards.
Article 5 enterprises, institutions and other producers and business operators are the main bodies responsible for environmental protection and pollution prevention and control, and shall be responsible for the environmental pollution and ecological damage caused.
Enterprises, institutions and other producers and operators shall establish and improve the responsibility system for environmental protection, and clarify the responsibilities of the responsible persons and relevant staff in environmental protection posts; Ensure that the production and operation meet the requirements of environmental protection laws, regulations and technical specifications; Establish and improve environmental protection archives; Establish and improve environmental emergency management and environmental risk prevention mechanism, eliminate potential environmental safety hazards in time, and disclose environmental information according to law.
Article 6 Citizens shall enhance their awareness of environmental protection, abide by environmental protection laws and regulations, and consciously perform their obligations of environmental protection.
Citizens shall put domestic garbage into different categories according to regulations, and take timely measures to treat the pollution caused in production and life by themselves or by entrustment.
Chapter II environmental protection and pollution prevention and control
Article 7 people's governments at or above the county level shall organize relevant departments to formulate plans for the comprehensive treatment of mountains, rivers, forests, fields, lakes and grasses in their respective administrative regions, take financial subsidies, incentives and support and other measures to systematically control mountains, rivers, forests, fields, lakes and grasses, promote ecological restoration and improve the carrying capacity of environmental resources.
Article 8 The competent department of ecological environment shall, in conjunction with relevant departments, formulate environmental function zoning of its own administrative region in accordance with the functions of different regions, the needs of economic and social development and national and provincial environmental quality standards, and publish it for implementation after being approved by the people's government at the same level.
Article 9 the provincial people's Government shall delimit the red line of ecological protection, the bottom line of environmental quality, the line of resource utilization, and formulate the list of ecological environment access in accordance with the relevant provisions of the state. People's governments at or above the county level and their relevant departments shall take the red line of ecological protection, the bottom line of environmental quality, the online utilization of resources and the list of ecological and environmental access as the basis for policy formulation, planning, law enforcement and supervision.
Article 10 the people's governments of cities, autonomous prefectures and counties (cities and districts) divided into districts shall, in accordance with the total emission control indicators of key pollutants issued by the people's governments at the next higher level, formulate implementation plans for the total emission control of key pollutants in their respective administrative regions, and decompose the total emission control indicators of key pollutants to key pollutant discharge units.
Article 11 The competent department of ecological environment of the provincial people's Government shall announce to the public the key industries that need to obtain pollutant discharge permits.
The competent departments of ecological environment of the people's governments of cities divided into districts and autonomous prefectures shall, in conjunction with relevant departments, formulate a list of key pollutant discharge units within their respective administrative regions and make it public to the public.
The competent departments of ecological environment of the people's governments of provinces, cities divided into districts and autonomous prefectures shall rely on the public resource trading platform and take effective measures to promote the trading of pollutant emission rights.
Article 12 a pollutant discharging unit shall set up a pollutant discharge outlet in accordance with the requirements of the pollutant discharge permit and set up signs at the pollutant discharge outlet; Establish environmental management account according to relevant regulations and carry out self-monitoring according to regulations; The discharge of pollutants shall not exceed the national and provincial pollutant discharge standards, and shall not exceed the total emission control indicators of key pollutants.
Key pollutant discharge units shall install and use automatic monitoring equipment in accordance with relevant state regulations and monitoring specifications, and ensure that the automatic monitoring equipment is connected with the monitoring equipment of the competent department of ecological environment; The original monitoring records shall be kept in accordance with regulations and shall not be tampered with or forged.
Article 13 the provincial people's Government shall formulate measures for environmental management in dry seasons and strengthen environmental management in dry seasons.
After the Xiangjiang River, Zijiang River, Yuanshui River, Lishui River, Dongting Lake and their main tributaries enter the dry season, the people's governments of cities divided into districts and autonomous prefectures shall organize the competent departments of ecological environment and water administration to take measures to strengthen the monitoring and protection of drinking water sources and ensure the safety of drinking water; Where it may cause pollution of drinking water sources, the people's governments at or above the county level may take restrictive measures against the production and business activities of relevant enterprises.
Article 14 people's governments at or above the county level shall strengthen the optimization of industrial layout and structural adjustment and promote cleaner production.
Enterprises, institutions and other producers and business operators shall give priority to the use of clean energy, adopt advanced technology and equipment, comprehensive utilization technology of waste and harmless treatment technology of pollutants, and reduce the generation of pollutants.
Article 15 the people's governments at or above the county level and their relevant departments shall promote the construction of green mines, treat the environment of abandoned mines according to their administrative authority, urge mining enterprises to fulfill their responsibilities for environmental treatment and restoration, and supervise and manage the environmental treatment and restoration of mining enterprises.
Mining enterprises shall adopt advanced processes and technologies to improve the comprehensive utilization rate of mineral resources and tailings; Undertake the responsibilities of land pollution prevention, land reclamation and environmental treatment and restoration in the mining area.
Article 16 the people's governments of provinces, cities divided into districts and autonomous prefectures shall determine key areas, industries and enterprises for prevention and control of heavy metal pollution.
The people's governments at or above the county level and their relevant departments shall take measures to focus on the supervision of enterprises involving heavy metals such as lead, mercury, cadmium, chromium, arsenic, thallium, antimony and manganese; Support and guide the technological transformation and centralized treatment of heavy metal enterprises; For areas polluted by heavy metals, treatment plans shall be formulated, responsibilities shall be clarified, and compliance with the standards shall be urged on schedule.
Enterprises involving heavy metals shall make resource utilization and harmless treatment of tailings, waste residue and wastewater containing heavy metals to prevent environmental pollution; If pollution has been caused, it shall bear the responsibility for environmental remediation.
Article 17 units that produce, sell and use radioisotopes and radiation devices shall regularly monitor the radiation workplace and its surrounding environment; If abnormal radioactive levels are found, protective measures shall be taken and timely reports shall be made to the competent department of ecological environment of the people's Government of the city divided into districts or autonomous prefecture where they are located.
Article 18 the provincial people's Government shall organize relevant departments to formulate plans for the construction of facilities and sites for centralized disposal of hazardous waste in the province in accordance with the relevant provisions of the state and in combination with the actual needs of the prevention and control of hazardous waste.
The people's governments of cities divided into districts, autonomous prefectures and counties (cities and districts) shall organize the construction of facilities and sites for centralized disposal of hazardous waste in accordance with the requirements of the construction planning of facilities and sites for centralized disposal of hazardous waste in this province.
Units that produce, collect, store, transport, utilize and dispose of hazardous waste shall abide by the relevant provisions on the administration of hazardous waste to prevent environmental pollution by hazardous waste.
Article 19 If reflective materials are used on the outer surface of buildings, they shall comply with the relevant national and provincial standards. The housing and urban rural development departments or other relevant departments of the people's governments at or above the county level shall strengthen the supervision and administration of the construction of reflective materials on the outer surface of buildings.
Urban road lighting, landscape lighting, outdoor lighting, advertisements and signboards shall meet the requirements of national and provincial lighting design standards and technical specifications, and shall not affect the normal driving of vehicles and the normal life of surrounding residents.
At the construction site, shielding measures shall be taken for strong light lighting lamps to reduce the impact on surrounding residents and the environment.
Article 20 in built-up urban areas, the following acts are prohibited:
（1） Carry out construction operations that produce environmental noise pollution in residential areas, schools, hospitals and other noise sensitive buildings between 22 p.m. and 7 a.m., except for emergency repair, rescue operations and continuous operations due to production process requirements or special needs; If continuous operation is necessary due to production process requirements or special needs, it shall be approved by the county (city, district) people's government or its relevant departments, and the approval documents shall be published to the nearby residents.
（2） During special periods such as college entrance examination and middle school entrance examination, environmental noise pollution is generated around the examination room.
（3） Environmental noise pollution is caused by organizing activities such as assembly, entertainment and fitness in areas where noise sensitive buildings are concentrated or in public places such as squares, streets and parks.
（4） Operating entertainment business places such as song and dance halls and bars in commercial and residential complex buildings will cause environmental noise pollution.
（5） Other acts prohibited by laws and regulations.
Article 21 the people's governments at or above the county level shall establish a coordination mechanism for agricultural and rural environmental protection, establish a monitoring and early warning system for agricultural pollution sources, popularize the model, technology and equipment of ecological agriculture, guide agricultural producers and operators in scientific fertilization and drug use, and develop ecological agriculture and water-saving agriculture; We will comprehensively improve the rural environment, delimit functional areas, and strengthen the construction of rural environmental protection infrastructure.
Specialized livestock and poultry breeding households below Designated Size shall comprehensively treat breeding wastes and breeding wastewater to prevent environmental pollution; Where there is a need for pollution prevention and control, corresponding supporting facilities for pollution prevention and control such as rainwater and sewage diversion, fecal and sewage storage and composting shall be built.
Article 22 people's governments at or above the county level and their relevant departments and park management institutions shall plan and build sewage treatment facilities and their supporting pipe networks, solid waste collection and disposal facilities and other environmental infrastructure in the park according to law, establish an operation and maintenance system for environmental infrastructure, and ensure the normal operation of facilities; Guide and standardize the comprehensive utilization and safe disposal of hazardous wastes.
The administrative organ of the park shall strengthen the supervision and inspection of the environmental protection of the production and business operation units in the park, and assist the relevant departments of the local people's Government in performing the duties of supervision and administration of environmental protection according to law.
Unless there are special requirements in terms of safety or industrial layout, new industrial projects with pollutant discharge shall enter the industrial park or industrial agglomeration area in accordance with the regulations.
Article 23 the people's governments of counties (cities and districts) shall increase capital investment, make overall plans for the construction of facilities for classified delivery, classified collection, classified transportation and classified disposal of domestic waste in urban and rural areas, organize the classified management, recycling and harmless centralized disposal of domestic waste, and gradually promote resource utilization methods such as recycling, incineration power generation and biological treatment, Improve the resource utilization rate and harmless treatment rate of domestic waste, and promote the reduction, recycling and harmless treatment of domestic waste.
Article 24 enterprises and institutions shall carry out risk assessment of environmental emergencies in accordance with the relevant provisions of the state. Where there is a risk of environmental emergencies, enterprises and institutions shall improve the risk prevention and control measures of environmental emergencies; Strengthen environmental emergency capacity-building; Formulate emergency plans for environmental emergencies, publish them in units and residential areas that may be endangered by environmental pollution, and organize drills regularly.
Enterprises and institutions that have environmental emergencies shall report to the local people's government at the county level in a timely manner.
After the people's governments of cities divided into districts, autonomous prefectures and counties (cities and districts) discover or receive reports of environmental emergencies, they shall timely organize emergency rescue and disposal, take measures to control the development of the situation, and report to the people's government at the next higher level.
Article 25 the provincial people's Government shall formulate an ecological protection compensation system for key areas of natural resources such as forests, wetlands, water flows, cultivated land and grasslands, and important areas such as prohibited development areas and key ecological functional areas. People's governments at or above the county level shall implement compensation funds for ecological protection. Ecological compensation funds shall be used for ecological environment protection, ecological restoration, livelihood guarantee and resettlement related to ecological environment protection. No unit or individual may occupy, intercept or misappropriate them.
The natural resources, ecological environment, development and reform, finance and other departments of the provincial people's Government shall guide the people's governments of beneficiary areas and ecological protection areas to compensate for ecological protection through consultation or in accordance with market rules. The beneficiary areas and ecological protection areas are encouraged to establish a horizontal ecological protection compensation relationship through capital compensation, counterpart cooperation, industrial transfer, talent training and joint construction of parks.
Article 26 people's governments at or above the county level shall take measures to encourage third-party treatment of environmental pollution.
Enterprises, institutions and other producers and operators that entrust a third party to control environmental pollution shall sign a written agreement to clarify the rights and obligations of both parties.
Article 27 enterprises with high risk of environmental pollution shall purchase environmental pollution liability insurance in accordance with the relevant provisions of the state, and encourage other pollutant discharge units to purchase environmental pollution liability insurance.
Chapter III Supervision and Administration
Article 28 the provincial people's Government shall supervise the people's governments at lower levels in the performance of environmental protection duties, the completion of environmental protection objectives, the improvement of environmental quality and the rectification of prominent environmental problems; For the illegal acts found by the inspectors, they shall timely urge the relevant people's governments to deal with them according to law, and take the treatment results as the basis for assessment and evaluation. The results of supervision shall be made public to the public.
The supervised unit shall cooperate with the supervision work.
Article 29 under any of the following circumstances, the person in charge of the provincial people's government and its competent ecological environment department shall interview the main persons in charge of the people's government at a lower level, and disclose the main problems, rectification measures and requirements to the public:
（1） Exceeding the total discharge control target of key pollutants;
（2） Failing to achieve the environmental quality objectives;
（3） Failing to take preventive measures in time for major or especially major environmental emergencies that may occur;
（4） There are prominent environmental problems such as strong public reaction, affecting social stability, repeated investigation and repeated violations, and serious environmental violations that have not been corrected for a long time;
（5） Violating the red line of ecological protection and causing serious threat and damage to the ecological environment;
（6） Environmental violations of construction projects and prominent mining environmental problems;
（7） The problem of intervening and forging monitoring data is prominent;
（8） Prominent problems affecting the independent law enforcement of the environment;
（9） Matters related to nuclear and radiation safety supervision that need to be interviewed;
（10） Other situations that should be interviewed.
The competent department of ecological environment of the provincial people's Government shall, together with relevant departments, urge the people's Government of the interviewed area to take measures to implement the interview requirements, and supervise and inspect the rectification.
In case of any of the circumstances in Items 1 and 2 of paragraph 1 of this article, the competent department of ecological environment of the provincial people's Government shall, in accordance with the relevant provisions of the state, suspend the examination and approval of the environmental impact assessment documents of the construction project with the total discharge of new key pollutants in the region.
Article 30 the people's governments of provinces, cities divided into districts and autonomous prefectures may delimit key areas, river basins and time periods for the prevention and control of environmental pollution, establish a coordination mechanism for joint prevention and control, and implement unified planning and standards