National Regulations on the Administration of Environmental Monitoring
National Regulations on the Administration of Environmental Monitoring
National Regulations on the Administration of Environmental Monitoring
Cheng Huan Zi [1983] No. 483
July 21, 1983
Chapter 1 General Provisions
Article 1 This Regulations is formulated in accordance with Article 26 of the Environmental Protection Law of the People's Republic of China (for trial implementation) which states that the environmental protection Administration under the State Council shall "organize the environmental monitoring, investigate into and keep well informed of the national environmental status quo and the trends of development and provide advice on improvement", and the Decision of the State Council on Strengthening Environmental Protection during the Period of National Economic Adjustment.
Article 2 The task of environmental monitoring is to carry out regular monitoring of the various elements in the environment, perceive and analysis the environmental quality and the trends of development; monitor the discharge of pollutants by relevant units in a surveillant manner; support the government departments in the implementation of environmental laws and standards and the comprehensive environmental management work by providing accurate and reliable monitoring data and information; and carry out research in environmental testing technologies and promote the development of environmental monitoring technologies.
Article 3 The environmental monitoring administration shall be carried out under the unified planning, organization and coordination of the competent departments of environmental protection administration at all levels. Environmental testing sectors of every department, enterprise and institution shall participate in the environmental monitoring networks organized by the competent departments of environmental protection administration.
Chapter II Environmental Monitoring Organs
Article 4 The Ministry of Urban and Rural Construction and Environmental Protection shall establish the national environmental monitoring administration organs; the environmental protection departments of provinces, autonomous regions, municipalities directly under the Central Government and major municipalities under the provinces shall establish monitoring divisions and sections; and the environmental protection departments below the municipal level shall also establish corresponding environmental monitoring branches or assign special personnels in charge of environmental monitoring.
Article 5 The national environmental protection system includes four levels of environmental monitoring stations;
First-level station: of China National environmental monitoring Centen;
Second-level station: provincial level environmental monitoring central stations established by provinces, autonomous regions and municipalities directly under the Central Government;
Third-level station: municipal level environmental monitoring stations (or central stations) established by municipalities under the provinces, (establishment of monitoring stations by the administrative prefectures and leagues is not regulated here, and will be decided after the Institutions Adjustment); and Forth-level station: environmental monitoring stations established by counties, banners, county-level municipalities and districts of the municipalities.
Article 6 The environmental monitoring stations are under the leadership of environmental protection departments at the same level. They shall follow the instruction of environmental monitoring stations at the next higher level.
Article 7 The construction scale and furnishment of major instruments and devices of the environmental monitoring stations shall be decided according to the attached list and the local conditions.
The establishment and scale of environmental monitoring stations of the departments, enterprises and institutions shall be decided by the competent departments.
Article 8 The environmental monitoring stations are scientific and technological institutions, and are empowered to carry out supervision and inspection of actions causing environmental pollution and damages as authorized by the competent departments. The operating expenses of environmental monitoring stations shall be incorporated into the local financial budget at the same level, and the annual expenses for each person shall not be less than CNY3,000 to CNY3,500 .
Chapter III Duties and Functions
Article 9 Major duties of the competent departments of environmental protection administration at all levels in environmental monitoring include:
1. Steering environmental monitoring work within their jurisdiction and issuing environmental monitoring tasks;
2. Formulating plans for environmental monitoring and the construction and development of environmental monitoring stations networks and overseeing their implementation;
3.
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