Regulations of Shanghai Municipality on Environmental Protection (Revised in 2005)
Regulations of Shanghai Municipality on Environmental Protection (Revised in 2005)
Regulations of Shanghai Municipality on Environmental Protection (Revised in 2005)
Proclamation of the Standing Committee of the Shanghai Municipal People's Congress [2005] No.54
October 28,2005
Chapter I General Principles
Article 1
With a view to protecting and improving the environment of this Municipality, safeguarding the physical health of residents of the city, and promoting sustainable economic and social development, 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 the light of the actual conditions of this Municipality.
Article 2
These Regulations shall apply to environmental protection and related administrative activities within the administrative area of this Municipality.
Article 3
This Municipality shall adhere to the policy of laying equal stress on environmental protection and on economic and social development, make balanced decisions on environment and development, and promote the development of a recycle economy, so as to achieve the unity of economic, social and environmental benefits.
Article 4
The people's governments at all levels in this Municipality shall be responsible for the environmental quality within their respective administrative areas and practice the system of the chief administrative officer assuming the responsibility for environmental protection. Each government shall, according to the environmental protection planning, set its target and formulate its annual implementation plan for environmental protection during its term of office, and ensure that a specified amount of financial funds shall be invested in environmental protection work.
The people's governments at all levels shall report on an annual basis to the people's congresses or their standing committees of the same level on the work of environmental protection and the progress in the fulfillment of the environmental protection target during their respective term of office.
Sub-district administrative offices shall carry out related environmental protection work within the areas of their jurisdiction as required by the district/county people's governments of their localities.
Article 5
The Municipal Environmental Protection Bureau (hereinafter referred to as "MEPB"), as the competent administrative department for environmental protection in this Municipality, shall exercise unified supervision and control over environmental protection in the whole Municipality, and take charge of the organization of the implementation of these Regulations. Competent district/county administrative departments for environmental protection (hereinafter referred to as "DCDEP") shall exercise unified supervision and control over environmental protection in their respective administrative areas and, at the same time, subject themselves to the leadership of the MEPB in professional work.
The environmental supervision agencies under the MEPB and DCDEPs (hereinafter jointly referred to as "EPD") shall be responsible for the supervision and inspection of environmental protection within their respective administrative areas, investigate and propose handling suggestions for environmental pollution accidents and disputes, and take charge of levying pollutant-discharge fees. The EPDs may, within the scope of their statutory authority, entrust environmental supervision agencies under them to mete out administrative penalties and implement administrative enforcement measures.
The EPDs shall institute a system of reporting and accusation against offences and make public their telephone numbers for complaints. The EPDs shall handle those reports and accusations that fall within the scope of their functions and duties according to law; in case of reports and accusations that fall within the scope of the functions and duties of other administrative departments, they shall be referred to related departments for handling as required and the parties concerned shall be notified thereof.
Article 6
The MEPB shall strengthen its supervision over the DCDEPs. Where the DCDEPs grant administrative licenses, mete out administrative penalties or make other decisions in violation of law, the MEPB shall order them to make corrections; in case of failure of the DCDEPs to handle matters that should be dealt with according to law, the MEPB shall order them to make corrections.
Article 7
Departments of public security, transportation, harbor, ocean, maritime affairs, fishing administration, railway, and civil aviation shall, according to relevant laws and regulations, exercise supervision and control over the prevention and control of environmental pollution.
Other related administrative departments in this Municipality shall, according to their respective functions and duties, implement in coordination these Regulations.
Article 8
All units and individuals have the right to enjoy a healthy environment, the right to report and make accusations about any acts that pollute or damage the environment, and, in case they are directly endangered by environmental pollution, the right to demand the removal of the danger and claim compensations for the losses .
All units and individuals have the duty to protect the environment.
Article 9
The people's governments at all levels shall commend or reward those units and individuals that have achieved outstanding results in protecting and improving the environment.
Chapter II Planning, Zoning and Standards
Article 10
The MEPB shall, in conjunction with related departments in this Municipality, organize the formulation of the municipal environmental protection planning and related specialized environmental protection planning and submit them to the Municipal People's Government for approval.
The DCDEPs shall, in conjunction with related departments, formulate district/county environmental protection planning according to the municipal environmental protection planning and related specialized environmental protection planning and in the light of the actual conditions of their own district/county, and submit them to the district/county people's governments for approval; the district/county people's governments shall solicit the opinion of the MEPB before granting their approval.
The environmental protection planning shall be incorporated into the municipal and district/county national economic and social development plan and the overall urban planning.
The EPDs shall, in conjunction with related departments, organize the implementation of the environmental protection planning and related specialized environmental protection planning as approved.
Article 11
The MEPB shall, in conjunction with related departments, draw up environmental functional zoning plans for surface waters, atmospheric environmental quality, and noises in urban areas in this Municipality, according to the overall urban planning and the national environmental quality standards, and promulgate them for implementation subject to their submission to and approval by the Municipal People's Government.
Article 12
The planning formulated for land use, regional development and construction and other fields and the adjustment made to the layout and the industrial structure of the city by the administrative departments for development and reform, planning and other related fields shall meet the requirements set in the environmental functional zoning plans.
Regional development and construction projects organized by the people's governments at all levels and other related departments shall meet the requirements set in the environmental functional zoning plans. Those construction projects that do not meet the requirements set in the environmental functional zoning plans may not be approved for implementation; in areas where the environmental quality does not meet the requirements set in the environmental functional zoning plans, comprehensive rectification of the regional environment shall be carried out.
Article 13
The Municipal People's Government may, in the light of the actual conditions of this Municipality, formulate local standards for those items that have not been covered by the national environmental quality standards and the national pollutant discharge standards; for those items that have already been covered by the national pollutant discharge standards, stricter local pollutant discharge standards may be formulated than the national ones, unless otherwise provided by laws or administrative regulations.
Chapter III Environmental Supervision and Control
Article 14
This Municipality shall implement the system of controlling the total amount of major
The MEPB shall, on the basis of the total discharge amount of major water and atmospheric pollutants in different periods as ratified by the State for this Municipality, the environmental capacity and the level of economic and social development, formulate a control plan for the total amount of major water and atmospheric pollutants discharged in this Municipality and organize its implementation upon its submission to and approval by the Municipal People's Government. The MEPB may, according to the need of environmental protection in this Municipality, formulate control plans for the total discharge amount of other major pollutants that has not been prescribed by the State and organize their implementation upon their submission to and approval by the Municipal People's Government.
The DCDEPs shall, according to the total discharge amount control plan for major water and atmospheric pollutants in this Municipality and in the light of the actual conditions of their respective administrative areas, formulate implementation programs for controlling the total discharge amount of major water and atmospheric pollutants in their own areas, organize their implementation upon their approval by the district/county people's governments and file them with the MEPB within 15 days after the approval.
The pollutants discharged by pollutant-discharging units in the areas where the total discharge amount of pollutants is controlled shall meet prescribed discharge standards and the target of total amount control.
Article 15
A pollutant-discharging unit shall, according to relevant provisions of the State and this Municipality, perform declaration and registration formalities for discharged pollutants with the MEPB or the DCDEPs, including the type, quantity and concentration of the discharged pollutants and facilities for their treatment, and provide relevant technical data for pollution prevention and control.
In case of any major change in the type, quantity, concentration or discharge mode of discharged pollutants, the pollutant-discharging unit shall, within 15 days before such a change, perform formalities for modifications of declaration and registration with the original handling EPD.
Article 16
Discharge of major pollutants shall be licensed in this Municipality.
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