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Environmental Protection Law Of The People's Republic Of China

發布時間:2018-03-09發布者:點擊次數:1418

Contents

Chapter I     General Provisions

Chapter II    Supervision and Management of the Environment
       Chapter III   Protection and Improvement of the Environment
       Chapter IV   Prevention and Control of Environmental Pollution and Other Public Hazards

Chapter V    Information Discllosure and Public Participation

Chapter VI   Legal Liability
        Chapter VII  Supplementary Provisions  

   

Chapter I   General Provisions

Article 1  This Law is formulated for the purpose of protecting and improving people's environment and the ecological environment,  preventing and controlling pollution and other public hazards,safeguarding human health and facilitating the development of socialist modernization. 

Article 2  "Environment" as used in this Law refers to the total body of all natural elements and artificially transformed natural elements affecting human existence and development, which includes the atmosphere, water, seas, land, minerals, forests, grasslands, wildlife, natural and human remains, nature reserves, historic sites and scenic spots, and urban and rural areas.

Article 3  This Law shall apply to the territory of the People's Republic ofChinaand other sea areas under the jurisdiction of the People's Republic of China

Article 4  The plans for environmental protection formulated by the state must be incorporated into the national economic and social development plans; the state shall adopt economic and technological policies and measures favourable for environmental protection so as to coordinate the work of environmental protection with economic construction and social development. 

Article 5  The state shall encourage the development of education in the science of environmental protection, strengthen the study and development of the science and technology of environmental protection, raise the scientific and technological level of environmental protection and popularize scientific knowledge of environmental protection.

Article 6  All units and individuals shall have the obligation to protect the environment and shall have the right to report on or file charges against units or individuals that cause pollution or damage to the environment. 

Governments at all levels shall be responsible for the environmental quality of their jurisdictions.

Enterprises, public institutions and any producers/operators shall prevent and reduce environmental pollution and ecological destruction, and bear responsibility for their damage by law.

Citizens shall enhance environmental protection awareness, adopt low-carbon and thrift lifestyle, and conscientiously fulfill obligation of environmental protection.

Article 7  The State supports research, development and application of enviornmental protection science, encourages environmental protection industries, promotes environmental protection information technologies, and improves technical level of environmental protection science. 

Article 8  Governments of all levels shall increase their fiscal investment on environmental protection and improvenment, and prevention & control of pollution and other public hazards, and increase efficiency of fiscal funds.

Article 9  Governments of all levels shall strengthen environmental protection propaganda and dissemination, encourage grass-root autonomous organizations, social organizations and environmental volunteers to carry out propaganda on environmental laws/regulations and knoeledge to facilitate a sound atmosphere for environmental protection.  

Educational departments and schools shall incorporate environmental protection knowledge into school education and nurture environmental protection awareness among students.

News media shall carry out propaganda on environmental violation activities.

Article 10  The competent department of environmental protection under the State Council shall conduct unified supervision and management of the environment protection work throughout the country. The competent departments of environmental protection administration of the local government at or above the country level shall conduct unified supervision and management of the envoronmenta; protection work within areas under their jurisdiction. 

The competent departments of local governments at or above the country level and environmental depatrments of army shall, in accordance with the provisions of relevant laws, conduct supervision and management of the resources protection and pollution &control.

Article 11  The people's government shall give zwards to units and individuals that have made outstanding achievements in protecting and improving the environment.

Article 12  June 5th is designated as Environment Day.

Chapter II   Supervision and Management of the Environment

Article 13  The people's governments at or above the county level shall include environmental protection work into their respective economic and social development planning.

The competent environmental protection administration under the State Council shall develop national environmental protection plan in accordance with national economy and social development plan, and submit to State Council for approval and issuance for implementation.

The competent environmental protection administrations of local people's governments at or above the county level shall, in conjunction with other relevant departments, develop the environmental protection plans applicable for their respective jurisdictions in accordance with the national environmental protection plan, and submit to people's governments at the same level for approval, and thereafter the promulgation for implementation.

The environmental protection plans shall include objectives, tasks and safeguarding measures, etc. for ecological environmental protection and environmental pollution prevention and control, and shall align with the planning on main functional zones, overall land use, and urban and rural development.

Article 14  When developing economic and technical policies, relevant departments of the State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall take into full account their environmental impacts, and solicit opinions from experts and relevant stakeholders.

Article 15  The competent department of environmental protection administration under the State Council shall establish national standards for environment quality.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish their local environment quality standards for items not specified in the national standards for environment quality, and develop more stringent standards with regard to items already specified in the national standards. Local environmental quality standards shall be reported to the competent department of environmental protection administration under the State Council for the record.

The State encourages researches and studies of environmental baselines.

Article 16  The competent department of environmental protection administration under the State Council shall, in accordance with the national standards for environment quality and the country's  economic and technological conditions, establish the national standards for the discharge of pollutants.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish their local standards for the discharge of pollutants for items not specified in the national standards; and develop more stringent standards with regard to items already specified in the national standards. Local pollutants discharge standards shall be reported to the competent department of environmental protection administration under the State Council for the record.

Article 17  The State shall establish and improve the environmental monitoring system. The competent departments of environmental protection administration under the State Council shall formulate monitoring standards, and shall, in conjunction with relevant departments, organize a monitoring network, unify the planning of national environmental quality monitoring stations (posts), set up information sharing system for monitoring data, and strengthen the management of environmental monitoring.

Environmental quality monitoring stations (posts) of relevant industries and professions shall be established in compliance with relevant laws, regulations and monitoring standards.

Monitoring agencies shall use monitoring equipment in conformity with national standards, and comply with monitoring standards. The persons in charge of the monitoring agencies shall be responsible for the truthfulness and accuracy of their monitoring data.

Article 18  The people's governments at or above the provincial level shall organize relevant departments or entrust professional institutions to make an investigation and an assessment of the environmental situation, and establish a monitoring and warning system for environmental resources carrying capacity.

Article 19  Compilation of draft development plans and construction of projects with environmental impacts shall be subject to environmental impact assessment in accordance with the law.

Development plans without environmental impact assessment developed in accordance with the law are prohibited to be implemented. Construction projects without environmental impact assessment developed in accordance with the law shall not commence to construct.

Article 20  The State shall establish inter-jurisdiction joint prevention and control coordination mechanism for environmental pollution and ecological damage of key regions and river basins to implement unified planning, standards,monitoring and prevention and control measures.Inter-jurisdiction environmental pollution and ecological damage other than defined in the preceding paragraph of the provisions shall be resolved by coordination at higher level people's government or consultation from relevant department of local people's governments.

Article 21  The State adopts policies and measures in terms of fiscal assistance, taxation, prices and government procurement to encourage and support the environmental industries such as environmental protection equipment, comprehensive utilization of resources technics, environmental services and etc..

Article 22  Where enterprises,public institutions and other producers and business operators achieve further pollution reduction beyond statutory discharge standards,relevant people's governments shall extend encouragement and support there to with policies and measures in terms of fiscal assistance,taxation,prices,government procurement,etc. in accordance with the law.

Article 23  Where enterprises, public institutions and other producers and business operators, with the aim of improving the environment, shift business lines or relocate business premises or close down in accordance with the requirements, relevant people's governments shall provide support.

Article 24  Competent environmental protection administrations of the people's governments at or above the county level, environmental supervisory institutions entrusted thereof and other departments that are responsible for environmental supervision and administration shall be entitled to carry out on-site inspection of the enterprises, public institutions and other producers and business operators that discharge pollutants. The units inspected shall truthfully report relevant situations and provide necessary information. The departments, institutions and staff thereof that conduct on-site inspection shall keep confidential the business secrets of the units inspected.

Article 25  Where enterprises, public institutions and other producers and business operators discharge pollutants in violation of laws and regulations, which may cause potential severe pollution, competent environmental protection administrations of the people's governments at or above the county level and other departments that are responsible for environmental supervision and administration may seal up and detain the facilities and equipment that discharge pollutants.

Article 26  The State adopts environmental protection target accountability and performance evaluation system. People's governments at or above the county level shall incorporate the fulfillment of environmental protection target as an appraisal criteria into the performance evaluation system for the departments with environmental supervision responsibilities at the same level government and their responsible persons, as well as performance evaluation for the lower level governments and their responsible persons. The evaluation results shall be made public.

Article 27  The people's governments at or above the county level shall report, on an annual basis, the environmental conditions and the completion of environmental protection targets to the people's congress at the same level or its standing committee. They shall also promptly make reports to the standing committee of the people's congress at the same level on major environmental incidents, and receive supervision in accordance with the law.

Chapter III   Protection and Improvement of the Environment

Article 28  Local people's governments at various levels shall take effective measures to improve environmental quality according to environmental protection goals and governance tasks.

Local people's governments of key regions and river basins that fail to meet national environmental quality standards shall formulate plans to reach relevant standards within a prescribed time period, and take measures to achieve the compliance target on time.

Article 29  The State defines ecological redline for strict protection on key ecological functional zones, areas of sensitive and fragile ecological environment.

The people's governments at various levels shall take measures to protect regions representing various types of natural ecological systems, regions with a natural distribution of rare and endangered wild animals and plants, regions where major sources of water are conserved, geological structures of major scientific and cultural value, famous regions where karst caves and fossil deposits are distributed, traces of glaciers, volcanoes and hot springs, traces of human history, and ancient and precious trees. Damage to the above shall be strictly forbidden.

Article 30  Exploitation and utilization of natural resources shall be developed in a rational way that conserves biological diversity and safeguards ecological security. Ecological protection and restoration programs shall be developed in accordance with laws and be implemented.

For introduction of exotic species as well as the research, development and utilization of biotechnology, effective measures shall be taken to prevent destruction of biodiversity.

Article 31  The State shall establish and improve ecological protection compensation mechanism.

The State will increase fiscal transfer to areas of ecological protection. Relevant local people's governments shall secure compensation funds for ecological protection, and ensure its use on ecological compensation.

The State provides guidance to the local people's governments of beneficiary areas and ecological protected areas on ecological compensation through consultation or market rules.

Article 32  The State shall strengthen the protection of atmosphere, water and soil, establish and improve the corresponding investigation monitoring, assessment and remediation systems.

Article 33  The people's governments at various levels shall enhance the protection of the agricultural environment, promote the application of new technologies for agricultural environmental protection, strengthen the monitoring and early warning system for agricultural pollution sources, and coordinate relevant departments to take measures to prevent the occurrence and deterioration of soil pollution, desertification, salinization, impoverishment, rocky desertification, and ground subsidence, prevent and control vegetation damage, soil erosion, water eutrophication, water depletion, provenance extinction and other ecological imbalances, and promote integrated plant pest management.

The people's governments at the county and township level shall raise the level of public services for rural environmental protection, and implement comprehensive rural environment management.

Article 34  The State Council and the people's governments at various levels in coastal areas shall provide better protection for the marine environment. The discharge of pollutants and the dumping of wastes into the seas, and the construction of coastal projects and marine projects shall be conducted in compliance with provisions of laws and regulations and relevant standards, so as to guard against and reduce the pollution and damage of the marine environmen.

Article 35  In urban and rural construction, vegetation, waters and the natural landscape shall be protected and attention paid to the construction of gardens, green land and historic sites and scenic spots in the cities in the light of the special features of the local natural environment.

Article 36  The State shall encourage and guide citizens, legal persons and other organizations to use environmental-friendly products and recycled products to reduce waste generation.

State authorities and other institutions financed by fiscal funds shall give priority to the purchase and use of energy-efficient, water-saving, materials-saving products, equipment and facilities that support environmental protection.

Article 37  Local people's governments at various levels shall take measures to organize the sorting and separation, as well as the recycling of municipal solid waste.

Article 38  Citizens shall abide by environmental protection laws and regulations, support the implementation of environmental protection measures, conduct sorting and separation of municipal solid waste in accordance with relevant regulations, and reduce damage to environment of daily life.

Article 39  The State shall establish and improve environment and health monitoring, investigation and risk assessment systems; encourage and organize researches on environmental quality impacts to public health, and adopt measures to prevent and control diseases related to environmental pollution.

Chapter IV   Prevention and Control of Environmental Pollution and Other Public Hazards

Article 40  The State shall promote clean production and resources recycling.

Relevant departments of the State Council and local people's governments at various levels shall adopt measures to promote the production and use of clean energy.

Enterprises shall give priority to the introduction of clean energy, adopt process and facilities with higher resource efficiency as well as low pollution discharges, and apply comprehensive waste utilization technologies and waste disposal technologies to reduce pollutant generation.

Article 41  Installations for the prevention and control of pollution at a construction project must be designed, built and commissioned together with the principal part of the project. Installations of the pollution prevention and control facility shall comply with the requirements of the approved environmental impact assessment report, and shall not be dismantled or left idle without authorization.

Article 42  Enterprises, public institutions and other producers and business operators that discharge pollutants shall take measures to prevent and control the environmental pollution caused by waste gas, waste water, waste residues, dust, malodorous gases, radioactive substances and noise, vibration and electromagnetic radiation generated during production, construction or other activities.

Enterprises and public institutions that discharge pollutants shall each establish an environmental protection accountability system to identify the responsibilities of their persons-in-charge and relevant staff.

Key pollutant-discharging entities shall install and use monitoring equipment in accordance with relevant national provisions and monitoring guidelines, guarantee their normal operations, and shall properly keep the original monitoring records.

Discharging of pollutants by setting up concealed drains, making use of seepage wells or pits, perfusion, tampering or forgery of monitoring data, abnormal operating of pollution prevention and control facilities, or any other means that evade regulation, is strictly prohibited.

Article 43  Enterprises, public institutions and other producers and business operators that discharge pollutants shall pay pollution fees in accordance with relevant state provisions. Pollution fees collected shall be exclusively used for environmental pollution prevention and control, and shall not be withheld, misappropriated or diverted for any other purposes by any entity or individual Pollution fee does not apply to those that are subject to environmental protection tax.

Article 44  The State shall adopt total emission control system for key pollutants. The total discharge quota of key pollutants is assigned by the State Council, and allocated to provincial, autonomous region and provincial-level municipality governments for implementation. While conforming to national and local pollutants discharge standards, enterprises and institutions shall also fulfill the total emission control quota for key pollutants as assigned to them.

For regions that fail to fulfill the total emission control quota or achieve the environmental quality targets assigned by the State, environmental departments at or above provincial level governments shall suspend the EIA approval for their new construction projects that may cause increase of the total key pollutants emission in the region.

Article 45  The State shall adopt pollution administrative permit system in accordance with the law.

Enterprises, public institutions and other producers and business operators pursuant to pollution permit system shall discharge pollutants in accordance with the requirements of their permits; No pollutant discharge is allowed without a pollutant discharge permit.

Article 46  The State shall implement elimination system for pollution-intensive techniques, equipment and products. No entities or individuals shall produce, sell, transfer or use techniques, equipment and products that seriously pollute the environment.

Technology, equipment, material or product that fails to meet national environmental protection standards are prohibited of importation.

Article 47  The people's governments at various levels, their relevant departments, enterprises and public institutions shall, in accordance with the Emergency Response Law of the People's Republic of China, conduct proper risk control, emergency preparation, emergency response and post-emergency restoration for environmental accidents.

The people's governments at or above county level shall establish public monitoring and warning system for environmental pollution, and organize the development of early warning scheme; In the event of pollution emergency with impact to public health and environmental security, timely announcement of warning information and emergency response measures shall be taken by the competent government administrations in accordance with the law.

The people's governments at or above county level shall establish public monitoring and warning system for environmental pollution, and organize the development of early warning scheme; In the event of pollution emergency with impact to public health and environmental security, timely announcement of warning information and emergency response measures shall be taken by the competent government administrations in accordance with the law.

The people's governments at or above county level shall establish public monitoring and warning system for environmental pollution, and organize the development of early warning scheme; In the event of pollution emergency with impact to public health and environmental security, timely announcement of warning information and emergency response measures shall be taken by the competent government administrations in accordance with the law.

Article 48  The production, storage, transportation, sale and use of toxic chemicals and materials containing radioactive substances shall comply with the relevant state provisions so as to prevent environmental pollution.

Article 49  The people's governments at various levels and their agriculture and other relevant departments and agencies shall guide agricultural producers and operators to conduct scientific cultivation and plantation, rationally apply cultivating additions such as pesticides and fertilizers, and properly handle agricultural wastes including agricultural films and crop straw and prevent non-point sources agricultural pollution.

It is prohibited to apply solid waste and wastewater that do not conform to standards on agricultural use and environmental protection to farmland. When conducting pesticides, chemical fertilizers and other cultivating additions or irrigating, measures shall be taken to prevent pollution from heavy metals and other toxic and hazardous substances.

The site selection, construction and management of livestock and poultry farms, breeding zones, designated slaughtering enterprises shall be in compliance with laws and regulations. Entities and individuals engaged in livestock poultry breeding and slaughtering shall take effective measures to dispose of manure and carcasses of livestock, sewage and other wastes in a scientific manner to prevent environmental pollution.

The people's governments at the county level shall be responsible for organizing the disposal of rural household waste.

Article 50  The people's governments at various levels shall allocate funds in their fiscal budgets to support protection of rural drinking water sources, treatment of domestic sewage and other waste, pollution prevention and control for livestock and poultry breeding and slaughtering, prevention and control of soil pollution, management of rural industrial and mining pollution and other environmental protection work.

Article 51  The people's governments at various levels shall, in a coordinated manner, plan for treatment facilities and supporting pipeline networks for urban and rural construction sewage, environmental and sanitary facilities such as those for the collection, transportation and disposal of solid waste, centralized facilities and sites for hazardous waste disposal, as well as other public facilities for environmental protection, and ensure the normal operations thereof.

Article 52  The State encourages participation in environment pollution liability insurance.

Chapter V   Information Discllosure and Public Participation

Article 53  Citizens, legal persons and other organizations shall have the right to obtain environmental information, participate and supervise the activities of environment protection in accordance with the law.

The competent environmental protection administrations of the people's governments at various levels and other departments with environmental supervision responsibilities shall disclose environmental information pursuant to the law, improve public participation procedures, and facilitate citizens, legal persons and other organizations to participate in, and supervise, environmental protection work.

Article 54  The competent department of environmental protection administration under the State Council shall release national environmental quality, monitoring data of key pollutant sources and other major environmental information. Competent environmental departments of governments at or above provincial levels shall regularly publish environmental status bulletins.

The competent environmental protection administrative departments of the people's governments at or above the county level and other departments with environmental supervision responsibilities shall disclose information on environmental quality, environmental monitoring, environmental emergencies, environmental administrative permits, environmental administrative punishments, the collection and use of pollutant discharge fees, etc. in accordance with the law.

The competent environmental protection administrative departments of the people's governments at or above the county level and other departments with environmental supervision responsibilities shall incorporate environmental violation behaviors of enterprises, public institutions and other producers and business operators into social credit archives system and promptly disclose the list of lawbreakers to the public.

Article 55  Key pollutant-discharging units shall truthfully disclose the names of their major pollutants, the ways of emission, the emission concentration and total volume, the standard- exceeding emission status, as well as the construction and operation of pollution prevention and control facilities, so as to be subject to social supervision.

Article 56  The project owner of a construction project for which an environmental impact report should be prepared pursuant to the law shall explain relevant situations to the potentially-affected public when preparing the environmental impact report, and solicit public opinions.

The competent department that is responsible for the examination and approval of environmental impact assessment documents for the construction project shall make public the full text of environmental impact reports of the construction project upon receipt thereof with exception of commercial secrets and confidential circumstances as specified by the State.In the case of a construction project failing to solicit sufficient public comments, they shall request the project to fulfill the task.

Article 57  Citizens, legal persons and other organizations shall be entitled to report and complain environmental pollution and ecological damage activities of any units and individuals to competent environmental protection administrations or other departments with environmental supervision responsibilities.

In the event the local people's government and its environmental protection administrations or any other relevant departments fail to fulfill their responsibilities in accordance with the law, any citizen, legal person or other organizations have the right to report it to the competent higher level governments or the supervisory department according to law.

The authorities receiving the report shall keep confidential the relevant information of the informant, and protect the legitimate rights and interests of the informant.

Article 58  For activities that cause environmental pollution, ecological damage and public interest harm, social organizations that meet the following conditions may file litigation to the people's courts:

(一)Have their registration at the civil affair departments of people's governments at or above municipal level with sub-districts in accordance with the law;

(二)Specialize in environmental protection public interest activities for five consecutive years or more, and have no law violation records.

Courts shall accept the litigations filed by social organizations that meet the above criteria.

The social organizations that file the litigation shall not seek economic benefits from the litigation.

Chapter VI   Legal Liability

Article 59  Where an enterprise, public institution or other producer or business operator is fined due to illegal discharge of pollutants, and is ordered to make correction, if the said entity refuses to make correction, the administrative organ that makes the punishment decision pursuant to the law may impose the fine thereon consecutively on a daily basis according to the original amount of the fine, starting from the second day of the date of ordered correction.

The fine prescribed in the preceding paragraph shall, pursuant to relevant laws and regulations, be enforced in accordance with considerations of operating cost of pollution prevention and control facilities, direct loss or illegal gains caused by such violations.

Local regulations, based on actual demand of environmental protection, may extend the coverage of types of violation activities to be subject to the daily-based fine as stipulated in the first paragraph.

Article 60  Where an enterprise, public institution or other producer or business operator discharges pollutants in excess of emission standards, or in excess of the total emission quota of major pollutants, the competent environmental protection administrations of the people's government at or above the county level may order it to restrict production or emission or to suspend production for rectification; under grave circumstances, it shall be reported and be ordered by competent people's government with approval authority to suspend its operations.

Article 61  For construction projects that proceed to commence the construction of the projects prior to submitting EIA reports or having such reports approved, competent government departments with environmental protection supervision responsibility shall order them to stop the construction, impose fine penalty, and may require restoration of the construction sites.

Article 62  For key pollutant-discharging units that violate this Law and fail to disclose at all or disclose false environmental information, environmental departments of government at or above county level shall order them to disclose such information, impose fine penalty, and issue public notice on their violation.

Article 63  Where an enterprise, public institution or other producer or business operator commits any of the following acts and where no crime has been constituted, in addition to punishment pursuant to relevant laws and regulations, the case shall be transferred to the public security authority by the competent environmental protection administrations of the people's government at or above the county level or other relevant departments, and the person directly in charge and other personnel subject to direct liabilities shall be imposed a detention of 10 days to 15 days; In case the circumstances are relatively minor, a detention of 5 days to 10 days shall be imposed:

(一)Where the said entity's construction project has not been subject to environmental impact assessment in accordance with the law, and is ordered to stop construction, but it refuses to carry out;

(二)Where the entity, in violation of the law, discharges pollutants without a pollutant discharge permit, and is ordered to stop discharging pollutants, but it refuses to carry out;

(三)Where the said entity discharges pollutants through concealed drains, seepage wells or pits, perfusion, tampering or forgery of monitoring data, abnormal operating of facilities used for prevention and control of pollution, or other means that evade regulation;

(四)Where the said entity produces or uses pesticides that are expressly prohibited by the State, and is ordered to make correction, but it refuses to correct.

Article 64  Those who cause damages due to environmental pollution and ecological destruction shall bear tort liability in accordance with provisions of Tort Liability Law of the People's Republic of China.

Article 65  Those environmental impact assessment agencies, environment monitoring authorities and those institutions engaged in the operation and maintenance of monitoring equipment and pollution prevention and control facilities that resorts to deception when providing environmental service, and are responsible for the environmental pollution and ecological damage as a result of their fraud, shall bear joint liability with others responsible for pollution and damage, in addition to punishment pursuant to relevant laws and regulations.

Article 66  The validity period for prosecution with respect to compensation for environmental pollution damage shall be three years, counted from the time when the party becomes aware of or should become aware of the damage.

Article 67  The people's governments at higher levels and their competent environmental protection departments shall strengthen the supervision and inspection over the environmental protection work of the people's governments at lower levels and their relevant departments. Where relevant staff members are found violation behavior of laws and should be subject to administrative sanctions pursuant to the law, suggestions for imposing sanctions shall be proposed to the appointment and removal organs of such staff members or the relevant supervisory authorities.

Where competent environmental protection departments fail to issue administrative punishments despite being so required in accordance with the law, the competent environmental protection departments of higher-level people’s governments may directly make the decision on administrative punishments.

Article 68  Where the local people's governments at various levels, competent environmental protection administrative departments of people's governments at or above county level or other departments with environmental supervision responsibilities commit any of the following acts, the persons directly in charge and other personnel subject to direct liabilities shall be given a demerit, a serious demerit or be demoted; where grave consequences are caused, the foregoing persons shall be removed from office or be dismissed, and the primary persons in charge of the relevant departments shall take the blame and resign from office:

(一)Where they grant administrative permits to applicants that fail to meet requirements;

(二)Where they cover up environment-related illegalities;

(三)Where they fail to make decisions on suspension of production or closure despite being so required pursuant to the law;

(四)Where they fail to promptly investigate upon discovery or receiving reports on acts of excessive discharge of pollutants and discharge of pollutants through means that evade regulation that cause environmental incidents, failure to enforce ecological protection measures that causes ecological damage, etc.;

(五)Where they violate this Law and seal up and detain the facilities and equipment of enterprises, public institutions and other producers and business operators;

(六)Where they tamper or forge, or instigate others to tamper or forge the monitoring data;

(七)Where they fail to disclose environmental information that should be disclosed in accordance with the law;

(八)Where they withhold, misappropriate or divert for other purposes the pollutant discharge fees collected;

(九)Where they have committed other illegal acts as prescribed by laws and regulations.

Article 69  Those who violate this Law and constitutes a criminal offense shall be investigated for criminal liabilities in accordance with the law.

Chapter VII   Supplementary Provisions 

Article 70  This Law shall enter into force since January 1, 2015.

                  
                 

       
       


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