Measures on the Management of Electromagnetic Radiation Environmental Protection
Measures on the Management of Electromagnetic Radiation Environmental Protection
Measures on the Management of Electromagnetic Radiation Environmental Protection
Order of the State Enviromental Protection Administration of China No. 18
March 25, 1997
Chapter I General Provisions
Article 1 The Measures are enacted in accordance with "The Environmental Protection law of the People's Republic of China", in order to strengthen the environmental protection on electromagnetic radiation, to protect environment and the public health.
Article 2 The Electromagnetic Radiation (EMR) in the Measures refers to, but only limited non-ionizing radiation, the energy flow propagated in space in form of electromagnetic wave, including electromagnetic wave transmission in communication and information, electromagnetic radiation coming from application in industry, science and medical service, and electromagnetic radiation coming from electrical power transmission with high voltage.
The Measures are applicable to all organizations and persons that undertake the activities of EMR mentioned above, or conduct activities associated with EMR.
Article 3 The environmental protection departments of the People's governments above the county level implement unified supervision management for EMR environmental protection in the local area.
Article 4 The higher competent authorities of the organizations that undertake activities of EMR are responsible for supervising management of EMR environmental protection in their own industry sectors.
Article 5 Any organizations or persons have right to accuse and take lawsuit against the behavior violating the present Rules.
Chapter II Inspection and Management
Article 6 The environmental protection administrative department of the State Council is responsible for the registration of environment protection, approval of the Environmental Impact Assessment (EIR) Report, inspection of the design, construction, operation of environmental protection facilities with the principle part of the project simultaneously (Three simulfaneifies), and acceptance of the projects as follows,
1. Television tower that total power is over 200kW.
2. Broadcast transmitter that total power is over 1000kW.
3. EMR construction projects that effects could beyond the administration in one province.
4. The larger EMR construction project that investment is over the limited quota of the State.
Article 7 The environmental protection department in province, autonomous region, or municipality (hereinafter referred to as province level) is responsible for the registration of environment protection for construction projects above the exempting level and except for those projects listed in Article 6, and responsible for approving EIA Report. The environmental protection department in province level is responsible for inspecting the implementation of "three simultaneities", and accepting the projects, and responsible for taking part in the process of EIA Report approval, inspection and acceptance of those projects that are undertaken by the environmental protection administrative department of the State Council, and responsible for inspection and examination for the environment impact after construction of those projects. The environmental protection department in province level is responsible for training local environmental manage staffs and responsible for implementing supervision and management, and conducting supervisory monitoring for local environmental impact caused by EMR activities.
Article 8 The environment protection departments in city level, under the entrust of the environment protection departments in the province level, may undertake a part of or all of the tasks listed in Article 7 and responsible for routine supervision and management, and conducting supervisory monitoring for local environmental impact of EMR projects.
Article 9 The higher competent authorities of the organizations that undertake activities of EMR should supervise and request the organizations under its leadership to comply with the environmental protection regulation and standards, should strengthen the ERM environment protection management, and should be responsible for the preliminary endorsement of the EIA Report (Form) of the ERM construction project.
Article 10 When undertake EMR activities, the organizations or persons should comply with the State environmental protection policies, law, regulation and standard, accept the inspection and management on EMR environment protection from the environment protection department, and protect the environment from pollution of EMR.
Article 11 Before constructing EMR project or using the EMR instruments listed in "The list of EMR projects and instruments" (See Appendix), the organizations and persons that undertake the EMR activities shall complete environment protection registration proceeding in the environment protection department that is responsible for approval of EIA Report (Form), based on the present Rules.
Within 30 days of receiving application and registration, the environment protection department that is responsible for approval of EIA Report (Form) should send the written comments to the organizations or persons that undertake EMR activities, and send a copy to both the higher competent authority and local environment protection department.
Article 12 Based on the development plan of the city where applied EMR project locates in, the scale of the EMR project and instruments, and the requirements of environmental protection in local area, the environment protection department that is responsible for approval of EIA Report (Form) should make decision on the application and registration as follows:
1.
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