Measures of Beijing Municipality for Implementing the Law of the People's Republic of China on Prevention and Control of Air Pollution
Measures of Beijing Municipality for Implementing the Law of the People's Republic of China on Prevention and Control of Air Pollution
Measures of Beijing Municipality for Implementing the Law of the People's Republic of China on Prevention and Control of Air Pollution
Announcement of Standing Committee of the Beijing Municipal People's Congress[2000] No.26
December 8, 2000
The Measures of Beijing Municipality for Implementing the Law of the People's Republic of China on Prevention and Control of Air Pollution have been adopted at the 23rd Session of the Standing Committee of the 11th Beijing Municipal People' s Congress on December 8, 2000, are hereby promulgated and come into force on January 1, 2001.
Appendix:Measures of Beijing Municipality for Implementing the Law of the People's Republic of China on Prevention and Control of Air Pollution
Chapter I General Provisions
Article 1 These Measures are formulated in line with the actual conditions of this Municipality for the purpose of implementing the Law of the People's Republic of China on Prevention and Control of Air Pollution and protect and improve the air environment,.
Article 2 Any organizations and individuals in the administrative jurisdictions of this Municipality must observe the Law of the People's Republic of China on Prevention and Treatment of Air Pollution and these Measures and fulfill the duties of protecting air environment. they have entitled to bring an accusation and charge against the units and individuals polluting air environment.
Article 3 The people's governments at all levels in this Municipality are responsible for the air quality within their respective jurisdictions.
The people's governments at all levels in this Municipality shall include the air environment protection in the national and social economic development plans, work out rational urban layout planning, increase the inputs of environmental protection funds, take effective measures for prevention and control of air pollution, and protect and improve the environment.
Article 4 The Municipal environmental protection administrative department shall exercise unified supervisory administration over the air pollution prevention and control. The district and county environmental protection administrative departments shall exercise the supervisory administration over the air pollution prevention and control in their respective jurisdictions.
Each relevant administrative department shall exercise the supervisory administration over the air pollution prevention and control within their respective functions according to the law.
Article 5 This Municipality adopts economic and technological policies and measures that are conducive to air pollution prevention and control and to relevant comprehensive utilization activities.
This Municipality encourages the scientific research on air pollution prevention and treatment, dissemination of scientific knowledge of environmental protection and raise of the whole nation's awareness about environmental protection.
The people's governments at all levels of this Municipality shall reward units and individuals that have made outstanding achievements in air pollution prevention and control and in environmental protection and improvement.
Article 6 The people's governments at all levels of this Municipality shall enhance urban and rural greening work, preserve existing woodlands, plant trees and grasses and take effective measures for sand prevention and control to improve air quality.
Chapter II Supervisory Administration of Air Pollution Prevention and Control
Article 7 Nature reserves, scenic attractions, historical sites, forest parks designated by the State and this Municipality as well as other zones in need of special preservation are type-1 areas of environmental air quality where the State level-1 standards of environmental air quality are to be followed. Other regions are type-2 areas where the State level-2 standards of environmental air quality are to be followed.
Article 8 As a key city of air pollution prevention and control, this Municipality shall reach the air quality standard as required within the specified period.
Construction projects in the setting stage must prepare the environmental impact assessment report and submit it to the environmental protection administrative department for approval in accordance with relevant State stipulations concerning environmental protection administration of construction projects.
Before air quality reaches that standard, the Municipal people's government may adopt stricter measures for the prevention and control of pollution caused mainly by coal burning, motor-vehicle emissions and dust.
Article 9 Units responsible for the discharge and leakage of noxious and hazardous gas and radioactive substances due to accidents or other contingencies that cause or may cause air pollution accidents endangering human health, must take immediate emergency measures to prevent and control air pollution harm and report to the district or county environmental protection administrative department in the locality and receive investigation and disposal.
In case of emergency where air is seriously polluted and human health and safety may be harmed, the Municipal people's government must give a timely notice of air pollution and take mandatory emergency measures, including the mandatory suspension of total or partial production of pollutant-emitting units and stopping a certain number of motor-vehicles from running The Municipal environmental protection administrative department, aligned with other departments concerned, are responsible for implementing the measures of compulsory suspension of total or partial production of the pollutant-emitting units; and the public security traffic control department is responsible for implementing the measures of stopping a certain number of motor-vehicles from running.
Article 10 This Municipality introduces total amount control over major air pollutants with specific procedures formulated by the Municipal people's government according to the State Council's stipulations.
For discharge of pollutants into air, the concentration of pollutant discharge must not exceed the discharge standards set by the State and this Municipality.
Units and individuals that discharge pollutants into air must keep their air pollutant treating facilities in normal use; dismantling or leaving idle the air pollutant treating facilities must be approved by the Municipal or local district/county environmental protection administrative department.
Article 11 The Municipal environmental protection administrative department is responsible for unified monitoring of air quality and pollutant discharge, releases daily and annual reports of air quality and gradually introduces the system of air quality prediction.
Chapter III Prevention and Control of Air Pollution Caused by Burning Coal
Article 12 This Municipality encourages and supports the use of energy-saving technology and the exploitation and utilization of clean energy resources such as electricity, natural gas and solar energy to improve the energy structure and gradually decrease the amount of directly burned coal.
Article 13 The Municipal people's government shall determine the range of restriction and gradual prohibition of coal burning.
Within the determined range, no coal-burning facilities are to be built, renovated or expanded; and the existing coal-burning facilities must be transformed into the facilities using clean energy such as natural gas and electricity within the prescribed time period.
Coal-burning facilities outside the determined range must use high-quality coal with low sulfur and low ash content and sulfur-solidified coal or adopt effective measures to keep the discharged sulfur dioxide below the set standard.
Article 14 This Municipality encourages the promotion of central heating in areas with heat supply by burning coal and advocates the adoption of energy-saving heat supply mode.
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