深圳经济特区生态环境保护条例
Regulations of Shenzhen Special Economic Zone on Ecological and Environmental Protection
(Adopted at the 2nd Session of the Standing Committee of the 7th People’s Congress of Shenzhen Municipality on June 29, 2021)
Chapter One General Provisions
Article 1 These Regulations are enacted in accordance with the fundamental principles of the applicable laws and administrative regulations and in light of the reality of Shenzhen Special Economic Zone (the “City”) for the purposes protecting and improving the ecological environment, promoting ecological conservation and developing a beautiful China model of harmony between human and nature.
Article 2 Ecological and environmental protection shall adherence to conservation and protection first and mainly relying on natural restoration. Efforts shall focus on improving the quality of the ecological environment, forming spatial configurations, industrial structures, production modes and ways of life that help to conserve resources and protect the environment so as to realize green, low-carbon and circular development.
Article 3 The municipal and district people’s governments shall be responsible for the quality of the ecological environment in their administrative regions and unify the leadership of the ecological and environmental protection work in their administrative regions.
The municipal and district people’s governments shall set up ecological and environmental protection committees at their respective levels as comprehensive coordinating agencies for ecological and environmental protection, take responsibility for coordinating the work of ecological and environmental protection in their administrative regions, and coordination and solution the major problems in ecological and environmental protection.
Article 4 The municipal and district people’s government and their authorities concerned shall assess the ecological and environmental impact involved in decision-making matters according to needs before developing major public policies and plans and making other major decisions, and the assessment results shall be used as an important basis for decision-making.
Article 5 The municipal and district people’s governments shall establish a stable financial investment mechanism for ecological and environmental protection to use funds more efficiently.
Efforts shall be made to encourage and guide social capital to participate in ecological and environmental protection and to facilitate the establishment of a diversified and market-oriented investment and financing mechanism for ecological and environmental protection.
Article 6 The municipal and district people’s governments shall accelerate the establishment of an economic system featuring green, low-carbon and circular development, establish a market-oriented green technology innovation system, vigorously develop green industries, promote green consumption, and develop green finance.
Article 7 The municipal people’s government shall establish a goal assessment system of green development-oriented ecological civilization construction for evaluating performance in advancing ecological progress to evaluate the completion of the key goals and tasks of advancing ecological progress by the authorities concerned of the municipal people’s government, district people’s governments, key state-owned enterprises and their principal responsible persons, and the evaluation results shall be used as an important basis for the rewards and punishments as well as appointment and dismissal of the evaluated.
Article 8 The municipal and district people’s governments shall report annually to the standing committee of the people’s congress at the respective level on ecological and environmental protection and shall be subject to supervision in accordance with law.
Article 9 The municipal ecology and environment department shall implement unified supervision and management of ecological and environmental protection work. The agencies of the municipal ecology and environment department shall be responsible for the supervision and management of ecological and environmental protection in their administrative areas.
The municipal development and reform, industry and information technology, public security, finance, planning and natural resources, housing and urban-rural development, transport, water authority, commerce, emergency management, administration for market regulation, comprehensive urban management enforcement departments shall be responsible for the supervision and management of ecological and environmental protection work within the scope of their duties and responsibilities.
Article 10 The municipal people’s government shall facilitate the establishment of a coordination mechanism and data sharing mechanism for ecological and environmental protection in the Guangdong-Hong Kong-Macao Greater Bay Area, strengthen cooperation in ecological and environmental protection in the Guangdong-Hong Kong-Macao Greater Bay Area, and advance the integrated and coordinated protection of regional ecological environment.
Chapter Two Protection and Restoration
Section One General Principles
Article 11 The municipal people’s government shall, in accordance with the applicable provisions of the State and Guangdong Province, draw the red lines for ecological conservation and organize ecological conservation and ecological restoration activities.
Development activities that do not meet the spatial control requirements of the red lines for ecological conservation shall be prohibited; the area within the red lines for ecological conservation shall not be reduced; and the nature of land use shall not be changed without legal procedures.
Article 12 While preparing and revising territorial spatial plans, the principle of prioritizing ecological conservation shall be adhered to; the ecological, agricultural, urban and other functional spaces shall be arranged in a scientific manner; and the control requirements for such spaces as the red lines for ecological conservation, permanent prime farmland and urban development boundary shall be explicitly put forward.
Article 13 The municipal people’s government shall regard continued improvement in the quality of the ecological environment as the goal, delineate ecological control areas, and adopt a region-specific approach to environmental management.
The municipal and district people’s governments as well as their authorities concerned shall meet the requirements for the region-specific approach to environmental management while engaging in activities such as adjusting the spatial and industrial structures, preparing land use, regional development and construction and other plans, and organizing regional development and construction.
Article 14 The municipal ecology and environment department may work in collaboration with the administration for market regulation department to develop ecological and environmental quality standards, ecological and environmental risk control standards, pollutant emission standards and other mandatory local ecological and environment standards stricter than the national standards or the standards of Guangdong Province according to ecological and environmental protection needs,and such standards shall be promulgated and implemented upon approval by the municipal people's government.
The municipal ecology and environment, administration for market regulation, industry and information technology and other departments may develop mandatory local standards for product environmental protection stricter than the national standards or the standards of Guangdong Province for the raw materials, production and processing processes, limit of harmful substances etc. of products that influence the ecological environment, and such standards shall be promulgated and implemented upon approval by the municipal people’s government.
Enterprises and social groups shall be encouraged to develop and implement relevant enterprise standards and group standards stricter than the national standards or local standards with the national and local standards as the basis while drawing on advanced standards at home and abroad.
Article 15 The municipal people’s government may, according to the needs of ecological and environmental protection, decide to advance the implementation of the corresponding emission control requirements in the pollutant emission standards of the State and Guangdong Province as well as the emission limits in the corresponding stage specified in the national emission standards for atmospheric pollutant discharged by motor vehicles.
Section Two Ecological Conservation
Article 16 The municipal ecology and environment department shall work with authorities concerned to organize and formulate the City’s ecological and environment functional zoning and clarify the applicable areas of various types of ecological and environmental quality standards according to relevant plans as well as ecological and environmental quality standards, submit them to the municipal people’s government for approval before promulgation and implementation.
Article 17 The municipal planning and natural resources department shall develop plans for protected areas, establish a system for protected areas consisting of nature reserves and nature parks, and include important natural ecosystems, natural relics, natural landscapes, habitats of endemic species and natural concentrations of wildlife distribution areas into the system for protected areas in accordance with the applicable provisions of the State and Guangdong Province and based on the red lines for ecological conservation and the requirements for the protection and development of territorial space.
The plans for protected areas shall be submitted to the municipal people’s government for approval before promulgation and implementation.
Article 18 The municipal people’s government shall build an ecological monitoring network featuring coordinated land and marine development to monitor the quality and function of the ecosystem of the whole City.
Article 19 The municipal people’s government shall establish a multi-level ecological status survey and assessment mechanism, and regularly conduct surveys and assessments of the ecological status of key regions, key drainage basins, key waters, areas within the red lines for ecological conservation, protected areas and other typical ecosystems.
Article 20 The municipal people’s government shall organize the establishment of the gross ecosystem product accounting system, gradually expand the scope of accounting, and regularly carry out statistical accounting of the gross ecosystem product and publish the accounting results.
The accounting results of the gross ecosystem product shall be used as an important basis for evaluating performance in advancing ecological progress, ecological compensation, etc.
Article 21 The classified management system for regional spatial ecological environment assessment shall be implemented.
The district people’s government shall, in accordance with the applicable technical specifications for regional spatial ecological environment assessment, designate evaluation units for the ecological environment control areas within its administrative region, organize regional spatial ecological environment assessment, develop regional spatial ecological environment management list according to the evaluation results, and submit the list to the municipal people’s government for approval before promulgation and implementation.
Construction projects included in the list of key projects in areas where the regional spatial ecological environment assessment has been carried out, environmental impact assessment shall be carried out in accordance with law; construction projects not included in the list of key projects do not require environmental impact assessment, but the applicable provisions of the regional spatial ecological environment management list shall be implemented.
The relevant technical specifications for regional spatial ecological environment assessment and the list of key projects shall be separately developed by the municipal ecology and environment department.
Article 22 Construction projects shall be encouraged to carry out environmental benefit assessment, focusing on evaluating the positive benefits of construction projects in ecological conservation, response to climate change, environmental quality improvement and other aspects.
The environmental benefit assessment results can be used as an important basis for green industry recognition, special fund subsidies, government investment and green investment.
Article 23 The municipal people’s government shall delineate and adjust source water protection areas according to the national standards for delineating source water protection areas, submit the result to the provincial people’s government for the record before promulgation and implementation.
The municipal and district people’s governments shall organize authorities concerned to investigate and assess the environmental conditions and pollution risks in source water protection areas and the surrounding areas of water supply units and take appropriate risk prevention measures to improve the environmental safety of drinking water sources.
The municipal people’s government shall facilitate the establishment of a collaboration mechanism for the protection of drinking water sources across administrative regions and strengthen water quality management of drinking water sources across administrative regions.
Article 24 The municipal and district people’s governments shall, in accordance with the applicable provisions of the State and Guangdong Province, establish and improve the ecological compensation mechanism and implement ecological compensation in areas where no construction or exploitation of resources is allowed, key ecological function areas as well as forests, river and lake systems, wetlands, oceans, arable land and other key areas.
Article 25 The municipal people’s government shall establish an environmental health monitoring, investigation and risk assessment system to carry out the monitoring, investigation and risk assessment of the health impact of air, surface water, groundwater and other environmental factors and strengthen environmental health risk management.
The research, development and application of environmental health science and technology shall be supported.
Article 26 The municipal people’s government shall establish and improve the marine ecological disaster monitoring & early warning and emergency response system and carry out marine ecological disaster investigation and risk assessment of the number and intensity of, as well as damage caused by, marine ecological disasters.
Section Three Ecological Restoration
Article 27 Ecological restoration shall be characterized by natural restoration as the mainstay supplemented by a combination of natural restoration and artificial restoration to enhance the resilience of the ecosystem and ensure its stability and continuity.
Article 28 The municipal and district people’s governments shall scientifically develop ecological restoration plans, organize the implementation of such projects as systematic ecological restoration and ecological restoration of important ecological corridor nodes in areas and drainage basins characterized by degradation or loss of ecological functions such as river and lake systems, mangrove wetlands and shorelines to enhance the quality and function of the ecosystem.
Article 29 Urban development and construction shall protect natural ecosystems and natural landscapes such as surface water systems, mudflats and wetlands, natural landforms and wild fauna and flora. Developers shall develop ecological conservation and restoration programs in accordance with the provisions and implement such programs in synchronicity with development and construction projects.
The municipal and district people’s governments shall organize rectification of the built projects that do not meet the ecological and environmental protection requirements by category and in stages.
Article 30 The municipal planning and natural resources department shall work in collaboration with authorities concerned to develop and improve ecological restoration standards.
Units undertaking ecological restoration projects shall carry out ecological restoration in accordance with ecological restoration standards, monitor the quality of the ecological environment throughout the entire process of ecological restoration, and prepare an ecological restoration assessment report, which shall be used as the basis for the completion acceptance of ecological restoration projects.
The municipal ecology and environment department shall assess the effectiveness of ecological restoration in key areas, key drainage basins and key waters; where problems are identified through assessment, the responsible units shall be promptly urged to implement rectification.
Article 31 Land reclamation shall be prohibited except for major construction projects approved by the State.
Where a major project approved by the State requires land reclamation, the developer shall prepare the ecological conservation and restoration program of the reclamation project in accordance with law and shall implement the program synchronously with the reclamation project.
Section Four Biodiversity Conservation
Article 32 The municipal and district people’s governments shall strengthen the conservation of biological diversity, systematically carry out the conservation of ecosystem diversity, species diversity and genetic diversity, as well as biosecurity governance.
The municipal ecology and environment department shall organize the preparation of biodiversity conservation action plans, determine the overall objectives of biodiversity conservation, strategic tasks and priority actions, clarify the protection scope and protection areas, submit to the municipal people’s government for approval before promulgation and implementation.
The municipal ecology and environment department shall regularly organize the preparation of biodiversity white paper to clarify the status of biodiversity, conservation effectiveness, conservation initiatives and future directions of action, report it to the municipal government for approval before publication.
Article 33 The municipal planning and natural resources,water authority, comprehensive urban management enforcement department as well as other authorities concerned shall, according to their respective functions and responsibilities, strengthen the protection of areas where wildlife is naturally concentrated and migratory channels and carry out biodiversity conservation and ecological restoration of the habitats with severely degraded ecological functions and fragmented typical ecosystems.
Article 34 The municipal planning and natural resources, administration for market regulation, comprehensive urban management enforcement as well as other authorities concerned shall take effective measures to focus on the protection of rare and endangered species, important germplasm resources, species with extremely small populations and regional endemic species, and take emergency measures to save and protect the threatened wild species.
The municipal planning and natural resources as well as ecology and environment departments may develop a supplementary list of the City’s key protected species and a supplementary list of important natural habitats for conservation with reference to the lists of key protected species and the lists of important natural habitats for conservation of the State and Guangdong Province and submit them to the municipal people’s government for approval before announcement and implementation.
Article 35 The municipal planning and natural resources, administration for market regulation, comprehensive urban management enforcement as well as other authorities concerned shall establish and improve the in-situ and ex-situ conservation mechanism for wildlife and build in vitro preservation facilities such as germplasm repositories and animal cell banks.
The collection of biological genetic resources for research, development and utilization shall not affect the genetic integrity of wildlife populations and shall not damage ecological security and biodiversity.
Article 36 The municipal people’s government shall strengthen the prevention of and response to invasive alien species to protect the safety of native species.
The municipal administration for market regulation department shall work with the planning and natural resources, ecology and environment as well as other authorities concerned to develop the management methods for and supplementary list of invasive alien species.
The municipal planning and natural resources, ecology and environment,administration for market regulation, comprehensive urban management enforcement, customs as well as other authorities concerned shall carry out the investigation, assessment, prevention and control of invasive alien species according to their respective functions and responsibilities.
Article 37 No organization or individual shall introduce, release or discard alien species without approval.
Those introducing alien species shall file an application to the competent authorities of the State, Guangdong Province or Shenzhen Municipality for the introduction of alien species. Where there is a need to release alien species into the wild for such purposes as scientific research, biological prevention and control, as well as population structure adjustment, the conditions and control measures to prevent escape, spread and leakage shall be in place, and an application shall be submitted to the municipal market supervision, planning and natural resources as well as other departments for approval.
Article 38 The construction and management of urban green space shall meet the ecological and environmental protection requirements and promote biodiversity conservation. Near-natural operation and maintenance shall be implemented for green space serving non-landscape and service functions to improve the quality and function of the ecosystem.
Large-scale excessive planting of ornamental forests with single species shall be prohibited.
Article 39 The municipal and district people’s governments shall establish and improve the planning, construction, operation and maintenance mechanisms for urban blueways, greenways and forest trails, facilitate the interconnection of blueways, greenways and forest trails, optimize the landscape of river and lake shorelines and water facilities, and enhance the ecological functions and benefits of blueways, greenways and forest trails to prevent the reduction of biodiversity, species isolation, migration barriers and other problems.
Chapter Three Pollution Prevention
Section One General Principles
Article 40 The municipal and district people’s governments shall establish an environmental pollution monitoring and early warning mechanism and organize the preparation of emergency plans.
Where the environment is seriously polluted resulting in the occurrence or the likelihood of occurrence of an emergency that endangers human health and safety, the municipal and district people’s governments shall issue early warning information on environmental pollution to the public, timely launch the emergency plan according to the early warning level, and take appropriate response measures.
Citizens, legal persons and other organizations shall cooperate with the municipal people’s government and its authorities concerned to take environmental pollution emergency response measures.
Article 41 The urban development and construction shall be carried out synchronously with the planning and construction of environmental protection infrastructure such as urban sewage treatment facilities, waste transfer and treatment facilities, medical waste centralized treatment facilities and other centralized hazardous waste treatment facilities according to relevant plans.
The construction, operation and upgrading of environmental protection infrastructure shall use advanced process technologies and pollution prevention methods.
Article 42 The production and operation entities that discharge pollutants into the environment (hereinafter referred to as “Pollutant-Discharging Entities”) shall perform the principal responsibility for environmental protection and take effective measures to prevent and control environmental pollution in accordance with law.
The main person in charge of a Pollutant-Discharging Entity shall be responsible for the environmental protection of the entity and shall perform the following environmental protection management responsibilities:
1. Establishing a system of responsibility for environmental protection and clarifying the responsible persons, the scope of responsibility, assessment criteria and other details;
2. Organizing the preparation of environmental protection systems and operating procedures, and implementing education and training programs;
3. Ensuring the financial investment needed for environmental protection;
4. Ensuring that the production process is in line with the requirements of environmental protection laws, regulations and standards;
5. Other environmental protection management responsibilities specified in laws and regulations.
Article 43 Key Pollutant-Discharging Entities shall establish environmental protection management agencies or designate full-time managers to carry out their respective environmental protection management-related responsibilities.
The list of key Pollutant-Discharging Entities in the City shall be determined and announced by the municipal ecology and environment department in accordance with the applicable provisions of the State and Guangdong Province in conjunction with the total discharge quota of key pollutants, discharge of pollutants by Pollutant-Discharging Entities and other factors.
Article 44 The municipal and district people’s governments shall reasonably plan the industrial landscape, facilitate the construction of industrial parks, and guide Pollutant-Discharging Entities to settle in industrial parks, thereby achieving comprehensive utilization of resources and centralized pollution control.
New construction projects involving the discharge of heavy metal pollutants shall enter completed industrial parks, except for projects that are not suitable for entering industrial parks due to safety reasons.
Article 45 The operation and management unit of an industrial park shall establish a system of responsibility for environmental protection in the park and perform the following environmental protection management responsibilities:
1. Establish a park environmental protection management agency and equip it with full-time managers;
2. Strictly implement the applicable provisions on ecological access;
3. Organize the construction and management of park environmental protection infrastructure such as centralized facilities for the treatment of industrial wastewater and waste gas as well as solid waste collection and storage facilities and organize the monitoring of pollutants discharge in the park in accordance with provisions;
4. Facilitate cleaner production as well as energy conservation and emission reduction;
5. Establish environmental management ledgers for Pollutant-Discharging Entities in the park to record their environmental impact assessment, application for pollutant discharge permits, registration of discharges and other information;
6. Carry out environmental protection inspection of Pollutant-Discharging Entities in the park. Timely stop illegal activities detrimental to the environment found during inspection, and report such activities to the agency of the ecology and environment department in the respective administrative area;
7. Perform other environmental protection management responsibilities specified in laws and regulations.
Article 46 The following Pollutant-Discharging Entities shall install automatic monitoring equipment and online video surveillance equipment for pollutants discharge in accordance with the applicable provisions, connect such equipment to the terminals of the monitoring equipment of the municipal ecology and environment department, and ensure its
1. Key Pollutant-Discharging Entities;
2. Industrial parks supporting the construction of centralized pollutant treatment facilities;
3. Other Pollutant-Discharging Entities such as construction sites and restaurants that are not included for the management of key Pollutant-Discharging Entities but are included for major supervision by the municipal ecology and environment department due to serious interference with the surrounding environment and adverse influence on the lives of residents.
The Pollutant-Discharging Entities specified in the preceding paragraph shall be responsible for the authenticity and accuracy of monitoring data and monitoring records.
Article 47 The Pollutant-Discharging Entities shall, in accordance with the applicable provisions, set up pollutant discharge outlets, construct pollution prevention facilities, and ensure their normal operation.
Where a Pollutant-Discharging Entity enters bankruptcy proceedings, the bankruptcy administrator shall manage and dispose of pollution prevention and control facilities and pollutants in accordance with provisions to prevent environmental pollution.
Illegal discharge of pollutants through concealed pipes, seepage wells, seepage pits, perfusion or dilution and improper operation of pollution control facilities shall be strictly prohibited.
Article 48 A Pollutant-Discharging Entity may authorize a pollution prevention and control facilities operating agency to operate and manage its own pollution prevention and control facilities or authorize an agency with the appropriate processing capacity to carry out centralized treatment of pollutants. The Pollutant-Discharging Entity and the authorized agency shall sign an agreement to specify the rights, obligations and environmental protection responsibilities of both parties.
Where a pollution prevention and control facilities operating agency is authorized to operate and manage pollution prevention and control facilities, the Pollutant-Discharging Entity shall assume the responsibility for pollution abatement; where the authorized agency fails to operate and manage in accordance with laws and regulations as well as the applicable standards or practices fraud, the authorized agency shall bear the corresponding liabilities in accordance with law.
Where an agency with the appropriate processing capacity is authorized to carry out centralized treatment of pollutants, the authorized agency shall assume liability for pollution abatement.
Article 49 Pollutant-Discharging Entities shall be encouraged to carry out upgrading and renovation of cleaner production technology. Without changing the nature of the project and without increasing the amount and types of pollutants, the following cleaner production technology upgrading and renovation projects do not require environmental impact assessment:
1. Those using raw materials with no toxicity and no harm or low toxicity and low harm in place of highly toxic and highly hazardous raw materials;
2. Those using process and equipment featuring high resource utilization and less generated pollutants in place of process and equipment featuring low resource utilization and more generated pollutants;
3. Those that comprehensively utilize or recycle general industrial solid waste, wastewater and waste heat generated in the production process;
4. Those using advanced pollution prevention technologies.
Environmental impact assessment shall be carried out in accordance with the law for other technology upgrading and renovation projects included in the list of construction projects for major changes.
Article 50 The municipal ecology and environment department shall work in collaboration with the municipal health department to develop a supplementary list of toxic and harmful pollutants of the City according to the impact of pollutants on the ecological environment and public health and based on the list of toxic and harmful pollutants formulated by the State and submit the developed supplementary list to the municipal people’s government for approval before announcement and implementation.
Pollutant-Discharging Entities that discharge the toxic and hazardous pollutants in the State list or the municipal list specified in the preceding paragraph shall set up an environmental risk early warning system in accordance with the applicable provisions, regularly monitor pollutant discharge outlets and the surrounding environment, identify potential environmental safety hazards, and take effective measures to prevent environmental risks.
Section Two Controlling the Total Discharge Volume of Pollutants
Article 51 The municipal people’s government shall formulate a plan to control the total discharge quota of key pollutants for the City according to the total discharge quota of key pollutants approved by the State and Guangdong Province and shall clarify the allocation standards, compliance requirements, reduction tasks and assessment methods regarding the total discharge quota of key pollutants for Pollutant-Discharging Entities.
The municipal ecology and environment department may organize the preparation of the total discharge quota and control plan of other key pollutants in addition to the key pollutants identified by the State and Guangdong Province based on the needs and submit the said control quota and control plan to the municipal people’s government for approval before announcement and implementation.
Article 52 A pollution rights trading system shall be established and improved.
Pollutant-Discharging Entities may obtain total discharge quota of key pollutants and the total discharge quota of other key pollutants determined by the municipal ecology and environment department through the pollution rights trading system for a fee.
The municipal ecology and environment department shall adjust the pollutant discharge quotas for both parties to a transaction according to the results of the transaction.
Article 53 The municipal ecology and environment department may formulate the City’s Inventory of Classified Management of Discharge Permits based on the State’s classified management of discharge permits for stationary pollution sources and in light of the reality of the City.
Pollutant-Discharging Entities included in the management of discharge permits shall apply for pollutant discharge permits in accordance with the provisions; those who should obtain but fail to obtain pollutant discharge permits or whose pollutant discharge permits are revoked in accordance with law shall not discharge pollutants.
Pollutant-Discharging Entities not included in the management of discharge permits do not need to apply for a pollutant discharge permit. But the pollutants they discharge shall meet national and local pollutant discharge standards, and they shall go through pollutant discharge registration in accordance with the applicable provisions.
Article 54 The municipal ecology and environment department shall issue pollutant discharge permits in accordance with the hierarchy of authority, and the agencies of the municipal ecology and environment department may issue pollutant discharge permits in their own names.
Article 55 A Pollutant-Discharging Entity shall discharge pollutants according to the discharge concentration, discharge volume and other permitted matters specified in the pollutant discharge permit, comply with the environmental protection management requirements specified in the pollutant discharge permit, and prepare and submit a pollutant discharge permit implementation report in accordance with provisions.
Where adjustments are made to the pollutant discharge standards and the total discharge quota of key pollutants, the municipal ecology and environment department shall promptly inform the relevant Pollutant-Discharging Entities; where there is a need to change the matters related to the pollutant discharge permit, the municipal ecology and environment department shall make relevant changes in accordance with law.
Section Three Water, Air and Soil Pollution Prevention
Article 56 The new construction, reconstruction or expansion of sewage outfalls into the river shall be in line with water environment protection plans and functional zoning requirements.
Developers shall carry out scientific demonstration in accordance with law, prepare a demonstration report, and submit the report to the municipal ecology and environment department for the record before the new construction, reconstruction or expansion of sewage outfalls into the river. Where the sewage outfalls into the river have a slight impact on the water functional area or demonstration has been made in the environmental impact assessment documents, the demonstration report may be simplified or exempted.
Article 57 Pollutant-Discharging Entities shall take effective measures to collect and treat all wastewater generated to prevent pollution of the environment. Industrial wastewater containing the first category of water pollutants or toxic and harmful water pollutants shall be collected and treated separately and shall not be discharged directly or discharged after dilution.
Pollutant-Discharging Entities shall set up discharge outlets and monitoring sites that meet specification requirements in the workshops that produce the first category of water pollutants or toxic and harmful water pollutants or workshop wastewater treatment facilities. The wastewater can only be discharged into the integrated wastewater treatment facilities after having been treated up to standard.
Article 58 Pollutant-Discharging Entities that transport industrial wastewater for centralized treatment shall install online video monitoring equipment in places for collecting and storing industrial wastewater and ensure the normal operation of the monitoring equipment.
Pollutant-Discharging Entities, transport units and treatment units shall fill out the industrial wastewater outbound processing documents in accordance with provisions.
Discharging industrial wastewater in the process of collection, storage and transportation shall be strictly prohibited.
Article 59 A Pollutant-Discharging Entity that simultaneously meets the following conditions may apply to the respective ecology and environment department and water department for adjusting the pretreatment discharge concentration limit of specific water pollutants discharged to centralized urban wastewater treatment facilities, and apply for or change the pollutant discharge permit and drainage license in accordance with law upon approval by the ecology and environment department and the water department:
1. The discharged wastewater is industrial wastewater with good biodegradability;
2. The wastewater is discharged through closed pipes to the centralized urban sewage treatment facilities and shall not affect the normal operation of the sewage pipe network;
3. The specific pollutant under application for adjustment does not belong to the first category of water pollutants or toxic and hazardous water pollutants;
4. The operator of centralized urban wastewater treatment facilities has the process and capacity to treat specific water pollutants, agrees to receive and treat specific water pollutants, and ensures that the treatment of specific water pollutants under application for adjustment can meet the applicable discharge standards.
Article 60 The municipal ecology and environment department shall develop an air pollution prevention and control action plan based on the atmospheric environment characteristics and the pollution status of fine particles, ozone, nitrogen dioxide and other substances in the City and report it to the municipal people’s government for approval before announcement and implementation.
Article 61 The municipal ecology and environment department shall work in collaboration with authorities concerned to delineate the areas where the use of high-emission non-road mobile machinery, high-pollution fuels and high-emission production processes is prohibited or restricted as well as the restricted areas and time periods for high-emission motor vehicles and report the results to the municipal people’s government for approval before announcement and implementation.
No organization or individual shall use high-emission non-road mobile machinery, high-pollution fuels, high-emission production processes within the prohibited or restricted areas specified in the preceding paragraph; passage of high-emission motor vehicles in the restricted areas or during the restricted hours specified in the preceding paragraph shall be prohibited.
Article 62 Ships sailing, mooring or operating in the waters under the jurisdiction of the City shall meet the air pollutant emission control requirements of the City.
Ships entering an air pollutant emission control area shall use low-sulfur fuel or take alternative measures equivalent to the use of low-sulfur fuel such as the use of clean energy and exhaust gas treatment; where the conditions for using shore power are met, the ship shall use shore power while berthing alongside in accordance with provisions.
Article 63 Units using non-road mobile machinery, boilers and industrial furnaces as well as production and operation units in such industries as garbage removal and express logistics shall gradually use clean energy sources such as electricity and natural gas. The list of specific industries shall be formulated by the competent municipal departments of relevant industries in conjunction with the municipal ecology and environment department.
Article 64 An information code registration management system shall be established for non-road mobile machinery. The municipal ecology and environment department shall organize the establishment of an information code registration management platform for non-road mobile machinery to register and manage the basic information, pollution control technology information, emission inspection information and other information of the non-road mobile machinery used in the city.
The municipal housing and urban-rural development, transport, water, comprehensive urban management enforcement as well as other authorities concerned shall organize and supervise the units using non-road mobile machinery in the industry to register on the platform.
Article 65 Producers and operators in road transport, sanitation, postal, courier and other relevant industries shall establish a system of responsibility for the prevention and control of motor vehicle emissions and regularly carry out motor vehicle environmental inspection and maintenance to ensure that motor vehicles meet the applicable emission standards.
Article 66 The person responsible for soil pollution shall assume responsibility for soil pollution risk control and remediation. Where it is unable to determine the person responsible for soil pollution, the land use rights owner shall implement soil pollution risk control and remediation.
Where the land use rights owner changes, an agreement shall be signed to determine soil pollution risk control and remediation obligations; where no agreement is signed, the successor of the land use rights shall be responsible for soil pollution risk control and remediation.
Article 67 The person responsible for soil contamination shall be responsible for soil pollution risk control and restoration of the contaminated land and suspected contaminated land included in the land preparation plan. Where it is unable to identify the person responsible for soil contamination, the land use rights owner shall be responsible for soil pollution risk control and remediation.
The implementers of urban renewal projects shall take the responsibility for the soil contamination risk control and remediation of the contaminated land and suspected contaminated land included in the urban renewal plan in accordance with the applicable regulations on urban renewal.
Article 68 Land reserve departments shall be responsible for carrying out surveys on the soil contamination status of stored contaminated sites and suspected contaminated sites and assume responsibility for soil contamination risk control and remediation of stored contaminated sites.
Article 69 Regarding the land within the scope of management of primary protected areas of water source for water supply reservoirs as well as reservoirs, rivers and seawalls, the land use rights owners or the actual management units shall be responsible for soil contamination status investigation and risk assessment. Where such land is identified as a contaminated site according to investigation, the person responsible for soil pollution shall be responsible for risk control and remediation. Where it is unable to identify the person responsible for pollution, the land use rights owner or the actual management unit shall organize implementation of soil pollution risk control and remediation.
Where non-agricultural land is converted to agricultural land, the municipal market supervision department shall organize the implementation of a soil contamination survey and risk assessment. Such land can only be used for agricultural production after being proven to meet the soil pollution risk control standards for agricultural land by the assessment.
Soil environmental protection and quality improvement shall be strengthened; pollution from non-point agricultural sources shall be controlled over; and the implementation of a real-name system for the purchase of fertilizers and pesticides shall be explored.
Article 70 The municipal ecology and environment department shall work in collaboration with authorities concerned to regularly carry out a survey of the basic environmental conditions of groundwater, establish a groundwater pollution prevention and control system according to the survey results, and publish a list of groundwater contaminated sites.
The persons responsible for pollution shall be responsible for carrying out risk control and remediation of the groundwater contaminated sites included in the list of groundwater contaminated sites.
Section FourPrevention and Control of Pollution in Waters
Article 71 The municipal ecology and environment department shall determine the total quota of key pollutants discharged into the sea according to the environmental quality improvement goals as well as pollution prevention and control requirements for off-shore waters.
For waters where the total quota of key pollutants discharged into the sea is exceeded, review of the environmental impact assessment documents of construction projects for the total quota of key pollutants discharged into the sea in the said waters shall be suspended.
Article 72 The municipal ecology and environment department shall work in collaboration with relevant authorities concerned to develop classified management standards for sewage outfalls into the sea and establish a data sharing mechanism for sewage outfalls into the sea.
Setting up sewage outfalls into the sea in marine nature reserves, important fisheries waters, seaside scenic spots, areas within red lines for ecological conservation and other areas requiring special protection shall be prohibited.
Developers shall carry out scientific demonstration in accordance with law, prepare a demonstration report, and submit the report to the municipal ecology and environment department for the record before building, rebuilding or expanding sewage outfalls into the sea. Where demonstration has been made on the construction of the sewage outfalls into the sea in the environmental impact assessment documents, the demonstration report can be simplified or exempted.
Article 73 The municipal people’s government shall reasonably determine the environmental management objectives, tasks and safeguards of rivers emptying into the sea according to marine ecological environment protection needs and water quality improvement objectives for off-shore waters and implement special limitation for key pollutants for rivers emptying into the sea.
Article 74 The coastal units shall develop contingency plans for sudden marine environmental accidents in accordance with provisions, submit such plans to the agencies of the ecology and environment as well as marine fisheries departments in the respective administrative areas for the record, and implement the emergency response measures to deal with sudden marine environmental accidents.
The list of units that need to develop contingency plans for sudden marine environmental accidents shall be determined and announced by the municipal ecology and environment department.
Article 75 The people’s government of each coastal district shall establish a mechanism for cleaning up marine debris in its respective administrative area. For coastal land (including islands) with user units, the sea units and shore units shall be responsible for the cleanup; for coastal land (including islands) without user units, the people’s government of the respective coastal district shall be responsible for the cleanup.
No organization or individual shall dump garbage or other waste into a coastal zone.
Article 76 Ports, terminals, loading and unloading stations, ship repair yards and other places shall build reception facilities for ship pollutants and waste as supporting facilities in accordance with the applicable provisions and shall ensure the normal operation of the reception facilities.
No ship shall discharge into the sea ballast water or sediment that has not been treated or that does not meet the discharge requirements after treatment.
Maritime departments shall supervise and manage ship ballast water replacement and treatment as well as disposal of sediments in accordance with law.
Article 77 Any entity without the License for Dumping Wastes into the Sea shall not engage in mud transport operations using open-bottom vessels or ships with self-unloading devices in the waters under the jurisdiction of Shenzhen Municipality.
Section Five Prevention and Control of Solid Wastes and Other Pollution
Article 78 Citizens, legal persons and other organizations shall take effective measures to reduce the generation of solid waste and shall dispose of, collect, transport and treat solid waste such as household waste in a classified manner in accordance with provisions to promote the recycling of resources and reduce environmental pollution.
Article 79 An industrial solid waste generator shall establish an industrial solid waste storage room in accordance with the applicable standards.
Those that transfer general industrial solid waste shall fill out the general industrial solid waste transfer form in accordance with provisions. The types of industrial solid waste included in the scope of transfer form management shall be determined and announced by the municipal ecology and environment department.
Article 80 A generator of hazardous wastes that implements resource utilization of hazardous wastes shall meet the requirements of hazardous waste management and relevant standards, establish a resource utilization ledger, and report the methods of hazardous waste utilization, the whereabouts of hazardous waste and other relevant information to the municipal ecology and environment department in accordance with provisions.
A generator of hazardous wastes that does not implement resource utilization of hazardous wastes shall hand over the hazardous wastes to a unit with the corresponding qualifications for utilization or disposal in accordance with the applicable provisions.
Article 81 Those engaged in hazardous waste collection activities shall apply for a hazardous waste collection license from the municipal ecology and environment department and engage in the corresponding categories of hazardous waste collection in accordance with the provisions of the license. The types of hazardous waste allowed to be collected and stored by the hazardous waste collection permit shall be separately specified by the municipal ecology and environment department.
Hazardous waste collectors shall hand over the collected and stored hazardous waste to the units with the corresponding qualifications for utilization or disposal.
Article 82 The production and sale of plastic products that do not conform to regulations shall be prohibited.
Shopping malls, supermarkets, pharmacies, bookstores, restaurants and other operators as well as the organizers and exhibitors of exhibitions shall not provide non-compliant plastic products.
Operators of guesthouses, hotels and other places shall not take the initiative to provide disposable plastic supplies but may provide related services by setting up self-service vending machines, supplying refillable detergents or other ways.
Article 83 The producers and operators engaged in e-commerce, courier, take-away and other industries shall comply with national and local regulations prohibiting and limiting the use of non-degradable plastic packaging bags and other disposable plastic products, give priority to the use of reusable and easily recyclable packaging, optimize the packaging of goods, reduce the use of packaging, and recycle packaging in accordance with provisions.
Article 84 For areas that do not meet the sound quality standards, the municipal and district people’s governments shall organize the preparation of a plan for improving acoustic environment quality to mitigate and eliminate the impact of noise in stages and improve the acoustic environment quality.
Article 85 Developers shall include the pollution prevention and control cost including noise pollution prevention and control in the project cost and specify the construction units’ responsibility for noise pollution prevention and control in the construction contract.
Construction units shall develop a noise pollution prevention and control implementation plan in accordance with the applicable provisions, submit the plan to the developers, and strictly implement all the noise pollution prevention and control measures in the implementation plan to ensure that noise emission meets the prescribed standards. Developers shall organize monthly inspection of the implementation of noise pollution prevention and control measures by construction units and shall disclose and the inspection results to the public.
Article 86 Where EPC (engineering, procurement, construction) is implemented for a construction project, the general contractor shall be responsible for the prevention of noise pollution at the construction site.
Article 87 A construction unit that carries out welding work or uses light during night construction shall take effective measures to shield the light to avoid direct light into residential buildings.
Article 88 Technical specifications for landscape lighting projects shall provide explicit environmental protection requirements.
Where lighting equipment such as lights is used outdoor, the applicable environmental protection requirements specified in the technical specifications of the preceding paragraph shall be met to control and reduce the adverse effects on residents as well as animals and plants.
Article 89 The installation of glass curtain walls in buildings shall comply with the applicable environmental design standards and specifications.
During the plan design phase, the developer shall authorize relevant agencies to assess the impact of light reflection of glass curtain walls. Where the assessment results show a possibility of reflective impact on the surrounding environment, low emissivity coated glass, non-polished metal panels and other appropriate materials shall be used to prevent the negative impact of the glass curtain wall reflections on the surrounding residents as well as plants and animals.
The municipal planning and natural resources department shall be responsible for the planning control and program approval of the construction of glass curtain wall projects. The municipal and district housing and urban-rural development department shall develop glass curtain wall light reflection impact standards and shall supervise and manage the construction documents design, construction, and acceptance of glass curtain walls.
Article 90 The municipal people’s government shall integrate radiation pollution prevention into ecological and environmental protection planning, establish and improve the supervision and management mechanism for radiation pollution prevention, and strengthen the construction of radiation pollution regulatory agencies so as to improve the ability to prevent and control radiation pollution.
The units that produce, sell, transport, or use radiation facilities and equipment as well as radioactive materials shall establish and improve a system of responsibility for the prevention of radiation pollution and take effective safety protection measures to protect environmental safety.
Article 91 A building owner, land use rights owner or property manager shall not rent or lend his/her property to organizations or individuals engaged in production and business activities that do not comply with the laws and regulations of ecological conservation.
A building owner, land use rights owner or property manager who finds that the production and business activities of his/her lessee or borrower is suspected of violating the laws and regulations of ecological and environmental protection shall promptly dissuade the person from doing so and report to the agency of the respective ecology and environment department.
Article 92 Those engaged in livestock and poultry breeding shall meet the applicable pollution prevention requirements for livestock and poultry breeding. Livestock and poultry breeding in densely populated areas, environmentally sensitive areas and other prohibited areas for livestock and poultry breeding as stipulated by laws and regulations shall be prohibited.
Article 93 Those engaged in aquaculture shall obtain an aquaculture license in accordance with law and shall carry out aquaculture activities in accordance with the area, scope, use and other considerations specified in the aquaculture license.
The municipal marine fisheries department shall scientifically delineate prohibited aquaculture areas, restricted aquaculture areas and permitted aquaculture areas and report the results to the municipal people’s government for approval before announcement and implementation.
Chapter Four Responding to Climate Change
Section One General Principles
Article 94 The municipal and district people’s governments shall establish a leadership and coordination mechanism to address climate change and unify the leadership of the administrative region to address climate change.
The authorities concerned of the municipal and district people’s governments and units in Shenzhen shall be responsible for the work related to climate change within their respective scope of responsibility.
Article 95 The municipal and district people’s governments shall periodically determine and announce greenhouse gas emission control targets.
The municipal ecology and environment department shall work in collaboration with authorities concerned to establish a sound statistical system of greenhouse gas emissions and organize the preparation of greenhouse gas emissions inventory according to the applicable provisions of the State and Guangdong Province.
Article 96 Efforts shall be made to support the establishment of a technological innovation system to address climate change, strengthen policy guidance and financial support for innovations in major low-carbon technologies and common technologies to adapt to climate change, and facilitate the popularization and application of low-carbon products and technologies; measures shall be taken to support research and development, demonstration and promotion of technologies to address climate change, as well as infrastructure capacity building to promote the development of green low-carbon industries.
Article 97 The climate investment and financing mechanism shall be improved, the financing channels for climate projects broadened, and social capital and foreign funds introduced in accordance with law supported to invest in climate projects.
Tax, fiscal, price, financial and other economic policy tools shall be made full use of to support the achievement of carbon peak and carbon neutrality goals， and facilitate the development of a climate-resilient city.
Article 98 The municipal administration for local financial regulation, department shall work in collaboration with the municipal development and reform, industry and information technology, ecology and environment, housing and urban-rural development, transport, administration for market regulation and other authorities concerned to develop green enterprise and green project standards in relevant fields and organize the development of a list of green enterprises and a list of green projects according to the need.
Article 99 Government procurement shall give priority to the procurement of energy-efficient and environmentally friendly products and green products in accordance with State regulations.
Enterprises shall be encouraged to give priority to the procurement and use of energy-efficient, water-saving, material-saving and other raw materials, products and services conducive to ecological and environmental protection.
Article 100 The municipal and district people’s governments shall improve the climate change monitoring system and climate disaster monitoring, prediction and early warning system, develop emergency plans for climate disasters, establish a data sharing platform, and regularly assess the impact of climate change on ecosystems, infrastructure, key economic sectors, and the health and property safety of residents.
Article 101. The municipal and district people’s governments shall establish and improve a climate risk management mechanism to improve the resilience of flood control and drainage, public transport and other major infrastructure, as well as important industries and key regions to climate risks.
Section Two Carbon Peak and Carbon Neutrality
Article 102 The municipal people’s government shall scientifically prepare an action plan for carbon emissions peak and a carbon neutrality roadmap, and develop annual implementation plans to accelerate the green and low-carbon transformation and development in industry, transportation, construction and other key sectors.
The competent municipal authorities shall develop plans for peaking carbon dioxide emissions for key sectors such as industry, transportation and construction.
Article 103 The municipal people’s government shall establish the City’s carbon emission control mechanism. Developers shall assess carbon emissions according to the City’s carbon emission control requirements and propose carbon reduction programs such as clean fuel substitution, waste heat and energy utilization, energy saving and clean transportation.
The municipal people’s government may develop carbon emission intensity standards for key industries and include construction projects that exceed the carbon emission intensity standards in the negative list for industry access.
Article 104 The municipal development and reform department shall promote low-carbon energy development, reasonably develop wind energy, solar energy, hydrogen and other non-fossil energy, and gradually increase the proportion of non-fossil energy to primary energy consumption.
Article 105 The municipal housing and urban-rural department shall improve green building development requirements in light of reality to promote the high-quality development of green buildings.
Office buildings of the State authorities, large public buildings and other public buildings with state-owned funds involved in investment and construction shall strictly implement the energy consumption standards for public buildings.
Article 106 The municipal transportation department shall promote energy-efficient low-carbon vehicles, support the development of new energy vehicles, improve the percent mode share to public transport, and guide green travel.
Article 107 After the City’s carbon emissions peak, any newly built, rebuilt or expanded project with annual greenhouse gas emissions expected to reach three thousand tons of carbon dioxide emissions equivalent shall develop a carbon neutrality plan and an implementation plan.
Section Three Carbon Emissions Trading
Article 108 The municipal people’s government shall establish and improve the carbon emissions trading system (ETS) to constrain the annual carbon emissions of the units included in the ETS by setting a fixed emission quota.
Carbon emissions trading institutions shall be supported to innovate carbon market trading varieties and increase carbon emission reduction targets for ecosystems and carbon inclusion targets.
Article 109 Where an enterprise carries out such measures and actions as afforestation, forest tending, wetland protection and restoration as well as marine ecological conservation, the said measures and actions may be converted into carbon emission reduction targets in accordance with regulations to offset the enterprise’s own carbon emissions or trade in the carbon emissions trading market.
Article 110 The municipal people’s government shall establish a carbon inclusion mechanism, promote the establishment of the City’s carbon inclusion service platform, quantify the energy conservation and emission reduction behavior of micro and small enterprises, community households and individuals, and guide the whole society towards green and low-carbon production and living through policy encouragement and market incentives.
Chapter Five Information Disclosure and Public Participation
Article 111 The municipal and district people’s governments and their authorities concerned shall take the initiative to disclose information related to ecological and environmental protection in accordance with law.
Citizens, legal persons and other organizations may apply to the municipal and district people’s governments and their authorities concerned to disclose information related to ecological and environmental protection in accordance with law.
Article 112 The carbon emissions trading institutions shall establish and improve an information disclosure system to timely disclose information related to carbon emissions trading.
The units included in the carbon emissions trading market shall, in accordance with the regulations, promptly disclose information about carbon emission trading and related activities and be subject to public supervision.
Article 113 The key Pollutant-Discharging Entities shall, in accordance with the applicable regulations, timely and accurately disclose their environmental information and be subject to the supervision by the municipal ecology and environment department as well as the public.
Financial institutions and other entities shall disclose the environmental information generated by the enterprises, projects or assets in which their funds are invested in accordance with the applicable provisions.
Other Pollutant-Discharging Entities shall be encouraged to disclose their environmental information with reference to the environmental information disclosure channels and ways of the key Pollutant-Discharging Entities.
Article 114 Professional institutions with appropriate qualifications shall be encouraged to carry out ecological and environmental information monitoring, collection, analysis and application and provide ecological and environmental information consulting services for industrial development, business operations and other relevant purposes.
The professional institutions specified in the preceding paragraph may release ecological and environmental related information to the public in accordance with law and shall be responsible for the legitimacy of information collection and the authenticity of the contents.
Article 115 The municipal ecology and environment department as well as other authorities concerned may record and disclose the ecological and environmental credit information of the producers and business operators as well as their legal representatives and main responsible persons in accordance with provisions and shall include such information in the public credit information management system.
The municipal ecology and environment department may establish an environmental credit evaluation system for the key Pollutant-Discharging Entities and announce the dynamic credit evaluation results to the public.
Article 116 Each district people’s government shall, in accordance with the City’s plans for protected areas, delineate appropriate areas for activities such as nature and ecological education and experience.
Urban sewage treatment, solid waste disposal and other environmental protection infrastructure shall be used as important places for ecological and environmental education and be open to the public on a regular basis.
Article 117 The municipal and district people’s governments shall strengthen the development of ecological and environmental education bases and may support and guide schools, enterprises, social organizations and volunteer organizations to establish ecological and environmental education bases and nature schools through financial subsidies, purchase of services and other means.
Primary and secondary schools shall incorporate ecological education into the curriculum in accordance with the applicable provisions and carry out ecological and environmental education practices to develop students’ awareness of ecological and environmental protection.
Article 118 The radio, television, newspapers, Internet media and advertising media in public places shall actively carry out public service propaganda for ecological and environmental protection and release public service advertisements for ecological and environmental protection.
Social organizations and individuals shall be encouraged to participate in public service publicity activities for ecological and environmental protection by means of funds, technology and volunteer services.
Article 119 The municipal ecology and environment department and other authorities concerned may invite such persons as experts in relevant fields and citizen representatives to participate in the supervision of ecological and environmental protection.
Article 120 Social organizations and volunteer organizations shall be supported to carry out ecological and environmental public service activities such as popularization of ecological and environmental protection science and technology and volunteer activities.
Article 121 Any organization or individual shall have the right to report illegal acts that harm the ecological environment to the municipal ecology and environment department or other authorities concerned.
The municipal ecology and environment department or other authorities concerned shall timely handle reports and give feedback upon receipt of such reports and shall keep the relevant information of informants confidential.
Article 122 To protect the public interests of society, the people’s procuratorates, relevant administrative authorities and social organizations may file an ecological environment public interest lawsuit with the people’s court against acts that pollute the environment, destroy the ecology and cause actual damage, or present a substantial risk of harm.
Relevant social organizations shall be supported to file civil public interest lawsuits regarding ecological environment in relation to their purposes and main business in accordance with law.
Chapter Six Supervision and Management
Article 123 The municipal ecology and environment department shall strengthen the supervision and management of ecological and environmental protection. Agencies of the municipal ecology and environment department may supervise and manage ecological and environmental protection in their own names and investigate and deal with illegal acts related to ecological environment in accordance with law.
Article 124 For the Pollutant-Discharging Entities included in pollutant discharge permit management, the municipal ecology and environment department shall supervise and inspect their implementation of the permitted matters such as the discharge concentration and discharge volume and the environmental protection management requirements specified in the pollutant discharge permit.
For the Pollutant-Discharging Entities not included in pollutant discharge permit management, the municipal ecology and environment department shall supervise and inspect their implementation of environmental impact assessment or such aspects as regional spatial ecological environment management list, construction and operation of supporting pollution prevention facilities and discharge of pollutants in accordance with law.
Article 125 The municipal ecology and environment department and other authorities concerned may use automatic monitoring and control, remote sensing monitoring, radar monitoring, far-infrared camera and other technical means to carry out supervision and inspection.
The data obtained through such monitoring equipment as automatic monitoring control and remote sensing instruments used for metrological verification, calibration and comparative monitoring in accordance with the applicable provisions of the State may be used by the municipal ecology and environment department and other authorities concerned as a basis for supervision and management.
Article 126 In one of the following circumstances, the municipal ecology and environment department and other authorities concerned may seize or detain the relevant facilities, equipment and premises in accordance with law:
1. Where illegal discharge of pollutants has caused or is likely to cause serious environmental pollution;
2. Where relevant evidence is likely to be lost or concealed;
3. Where radioactive sources or solid waste are illegally collected, transferred or disposed of;
4. Illegal engagement in development and construction or production and business activities within the red lines for ecological conservation, drinking water source protection areas, protected areas and other areas;
5. Where building construction work is carried out at noon or night generating noise in violation of laws and regulations, and the relevant party refuses to correct;
6. Where such equipment and facilities as loudspeakers or tweeters and audio equipment are used in commercial business activities and business cultural and entertainment activities generating noise and seriously interfering with the surrounding environment or the lives of others, and the relevant party refuses to correct;
7. Other circumstances specified in laws and regulations.
Article 127 Where the municipal ecology and environment department and other authorities concerned find suspected environmental crimes in the process of supervision and inspection, they shall transfer the crime clues to the public security authority to be handled in accordance with law.
Article 128 Where a subdistrict office finds any of the following circumstances in daily supervision and inspection, it shall promptly report to the agency of the ecology and environment department in its administrative area, which shall deal with in accordance with the applicable provisions in a timely manner:
1. The emission of odorous gases and abnormal wastewater;
2. Illegal dumping and disposal of waste;
3. Setting up signs in the sewage outfalls into the river or the sea against provisions;
4. The existence of direct emissions of fumes, dust pollution, noise nuisance and other acts;
5. Other illegal acts related to the environment.
Article 129 The municipal ecology and environment department shall establish a management information base of the City’s Pollutant-Discharging Entities and include the relevant information of Pollutant-Discharging Entities into the said management information base for dynamic management.
The data of the management information base of Pollutant-Discharging Entities shall be shared with other authorities concerned and subdistrict offices in accordance with the applicable provisions.
Article 130 The municipal judicial administrative department shall work in collaboration with the municipal ecology and environment department to improve the environmental damage forensic appraisal management mechanism and improve the environmental damage forensic appraisal standard system.
The municipal ecology and environment department and other authorities concerned may authorize environmental damage forensic appraisal institutions to appraise ecological damage and environmental pollution.
A forensic appraisal institution that is met with particularly complex, difficult or special technical problems in the appraisal process may authorize experts or professional institutions to provide advice and technical support and shall be responsible for the issuance of forensic appraisal conclusions.
Article 131 The municipal ecology and environment department and other authorities concerned may engage professional technical institutions and legal service agencies to provide consulting guidance and legal services related to ecological and environmental protection to enhance the ability of enterprises to fulfill their ecological and environmental protection responsibilities.
Industrial parks, scientific research institutions and industry associations shall be supported to establish technical service platforms for ecological and environmental protection to provide technical support for ecological and environmental protection activities.
Article 132 The municipal ecology and environment department and other authorities concerned may authorize testing agencies with the appropriate qualifications to sample and analyze ecological damage and environmental pollution and issue test reports, which shall be used as a basis for supervision and management and administrative law enforcement.
Article 133 The agencies engaged in the maintenance and operation, environmental impact assessment and other activities of environmental testing and environmental monitoring equipment as well as pollution prevention facilities shall establish and improve a quality control system.
The agencies and their principal responsible persons specified in the preceding paragraph shall be responsible for the authenticity and accuracy of the data, reports and other documents issued by them; the sampling persons and analysts as well as reviewers and authorized signatories shall be responsible for the authenticity of the original test data and the test reports, respectively.
Falsification, manipulation and fabrication of or instigating others to manipulate or fabricate relevant data and information shall be strictly prohibited.
Chapter Seven Legal Liability
Article 134 Where the authorities concerned of the municipal and district people’s governments and their staff engage in dereliction of duty, abuse authority or play favoritism and commit irregularities in the performance of ecological and environmental supervision and management responsibilities, the directly responsible supervisors and other directly responsible persons shall be punished in accordance with law; where a crime is constituted, criminal liability shall be investigated in accordance with law.
Article 135 Where a Pollutant-Discharging Entity engages in any one of the following acts, the municipal ecology and environment department shall order correction and punish the said entity in accordance with the following provisions:
1. Where, in violation of the provisions of Paragraph 2, Article 42 of these Regulations, the principal responsible person of a Pollutant-Discharging Entity fails to perform the environmental protection management responsibilities in accordance with provisions and refuses to correct, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed;
2. Where, in violation of the provisions of Paragraph 1, Article 43 of these Regulations, a key Pollutant-Discharging Entity fails to set up an environmental protection management agency or fails to equip the agency with full-time managers and refuses to correct, a fine of 50,000 yuan shall be imposed;
3. Where, in violation of the provisions of Paragraph 3, Article 53 of these Regulations, a Pollutant-Discharging Entity not included in the discharge permit management discharges pollutants in excess of national and local pollutant discharge standards, it shall be ordered to limit production or stop production for remediation and shall be imposed with a fine of not less than 100,000 yuan but not more than one million yuan; and where the circumstances are serious, the said entity shall be ordered to cease operation or shut down upon approval by the competent people’s government.
4. Where a Pollutant-Discharging Entity fails to comply with the environmental protection management requirements specified in the discharge permit in violation of the provisions of Paragraph 1, Article 55 of these Regulations, it shall be imposed with a fine of not less than 20,000 yuan but not more than 200,000 yuan.
5. Where a Pollutant-Discharging Entity, in violation of the provisions of Paragraph 2, Article 57 of these Regulations, fails to set up discharge outlets and monitoring sites that meet specification requirements at the outlets of workshops that produce the first category of water pollutants or toxic and harmful water pollutants or workshop wastewater treatment facilities, it shall be imposed with a fine of not less than 20,000 yuan but not more than 200,000 yuan;
6. Where a Pollutant-Discharging Entity, in violation of the provisions of Paragraph 1, Article 58 of these Regulations, fails to install online video monitoring equipment in places for collecting and storing industrial wastewater or its monitoring equipment fails to operate normally, it shall be imposed with a fine of not less than 20,000 yuan but not more than 200,000 yuan.
Article 136 Where the relevant units engage in any one of the following acts, the municipal ecology and environment department shall order correction and impose punishment in accordance with the following provisions:
1. Where, in violation of the provisions of Paragraph 3, Article 21 of these Regulations, a construction project not included in the list of key projects in regions fails to implement the applicable provisions of the regional spatial ecological environment management list, it shall be punished in accordance with the provisions of the applicable laws and regulations. In the absence of applicable provisions in laws and regulations, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed;
2. Where, in violation of the provisions of Subparagraphs 1, 5 and 6, Article 45 of these Regulations, an operation and management unit of an industrial park fails to establish a park environmental protection management agency and equip it with full-time managers or fails to establish an environmental management ledger for Pollutant-Discharging Entities in the park or fails to carry out environmental protection inspection and refuses to correct, it shall be imposed with a fine of 50,000 yuan;
3. Where, in violation of the provisions of Subparagraphs 2 and 3, Article 45 of these Regulations, an operation and management unit of an industrial park fails to implement the applicable provisions on ecological access or fails to organize the construction and management of park environmental protection infrastructure or fails to organize the monitoring of pollutant discharge in the park in accordance with provisions, it shall be imposed with a fine of not less than 100,000 yuan but not more than 500,000 yuan;
4. Where, in violation of the provisions of Paragraph 1, Article 46 of these Regulations, a pollutant-discharge entity fails to install automatic monitoring equipment and online video surveillance equipment for pollutant discharge in accordance with the applicable provisions or fails to connect such equipment to the terminals of the monitoring equipment of the municipal ecology and environment department or fails to ensure the normal operation of such equipment, it shall be imposed with a fine of not less than 50,000 yuan but not more than 200,000 yuan.
5. Where, in violation of the provisions of Paragraph 2, Article 48 of these Regulations, an authorized agency fails to operate and manage pollution prevention and control facilities in accordance with the provisions of laws and regulations as well as the applicable standards or practices fraud, it shall be imposed with a fine of not less than 50,000 yuan but not more than 200,000 yuan.
6. Where, in violation of the provisions of Article 56 of these Regulations, the new construction, reconstruction or expansion of sewage outfalls into the river fail to be in line with water environment protection plans and functional zoning requirements, punishment shall be imposed in accordance with the provisions of the applicable laws and regulations; where a developer fails to prepare a demonstration report and submit the report to the municipal ecology and environment department for the record in accordance with provisions and refuses to correct, it shall be imposed with a fine of 20,000 yuan;
7. A Pollutant-Discharging Entity, transport unit or treatment unit that fails to fill out the industrial wastewater outbound processing documents in accordance with provisions in violation of the provisions of Paragraph 2, Article 58 of these Regulations shall be imposed with a fine of 30,000 yuan;
8. A Pollutant-Discharging Entity, transport unit or treatment unit that discharges industrial wastewater in the process of collection, storage and transportation in violation of the provisions of Paragraph 3, Article 58 of these Regulations shall be imposed with a fine of not less than 100,000 yuan but not more than one million yuan;
9. Where, in violation of the provisions of Paragraph 2, Article 61 of these Regulations, high-emission non-road mobile machinery is used within the prohibited or restricted areas, a fine of 10,000 yuan for each piece of non-road mobile machinery shall be imposed; where high-pollution fuels or high-emission production processes are used within the prohibited or restricted areas, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed;
10. A unit using non-road mobile machinery that fails to register on the specified management platform and refuses to correct in violation of the provisions of Paragraph 2, Article 64 of these Regulations shall be fined according to the standard of 2,000 yuan per piece of non-road mobile machinery;
11. Where, in violation of the provisions of Article 65 of these Regulations, a producer or operator in road transport, sanitation, postal, courier or other industries has registered more than 20 vehicles and has more than 10% of its registered vehicles failing the emission inspection within a calendar year or has the same vehicle fined or punished due to its failure to meet the applicable emission standards for more than three times within a calendar year, the said producer or operator shall be imposed with a fine of not less than 50,000 yuan but not more than 200,000 yuan;
12. Sewage outfalls into the sea set up in marine nature reserves, important fisheries waters, seaside scenic spots, areas within red lines for ecological conservation and other areas requiring special protection in violation of the provisions of Paragraph 2, Article 72 of these Regulations shall be ordered to be closed, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed;
13. A developer that fails to prepare a demonstration report and submits the report to the municipal ecology and environment department for the record in violation of the provisions of Paragraph 3, Article 72 of these Regulations and refuses to correct shall be fined 20,000 yuan;
14. Those that transfer general industrial solid waste and fail to fill out the general industrial solid waste transfer form in accordance with provisions in violation of the provisions of Paragraph 2, Article 79 of these Regulations and refuses to correct shall be fined 30,000 yuan;
15. Where a generator of hazardous wastes, in violation of the provisions of Paragraph 1, Article 80 of these Regulations, fails to implement resource utilization of hazardous wastes according to the requirements of hazardous waste management and relevant standards and refuses to correct or involves serious circumstances, the said generator shall be imposed with a fine of not less than 100,000 yuan but not more than one million yuan;
16. A construction unit that emits noise exceeding the specified standard in violation of the provisions of Paragraph 2, Article 85 of these Regulations shall be imposed with a fine of not less than 10,000 yuan but not more than 50,000 yuan;
17. Where a construction unit, in violation of the provisions of Article 87 of these Regulations, fails to take effective light-blocking measures, causing light to directly go into residential buildings, and refuses to correct, the said construction unit shall be imposed with a fine of not less than 20,000 yuan but not more than 100,000 yuan;
18. Relevant agencies that falsify, manipulate or fabricate or instigate others to manipulate or fabricate relevant data and information in violation of the provisions of Paragraph 2, Article 133 of these Regulations shall be imposed with a fine of not less than 50,000 yuan but not more than 200,000 yuan or a fine of not less than 200,000 yuan but not more than 500,000 yuan in serious circumstances.
Article 137 Where a Pollutant-Discharging Entity engages in any one of the following acts, the municipal ecology and environment department shall order it to correct and impose a fine of not less than 200,000 yuan but not more than 500,000 yuan; restrict it to carry out production and operation activities, order it to suspend the production and business or revoke its pollutant discharge permit, and impose a fine of not less than 500,000 yuan but not more than one million yuan if the circumstances are serious; and order it to shut down upon approval by the competent people’s government in accordance with law if the circumstances are particularly serious:
1. The Pollutant-Discharging Entity, in violation of the provisions of Paragraphs 1 and 3, Article 47 of these Regulations, illegally discharges pollutants through such means as concealed pipes, seepage wells, seepage pits, perfusion or dilution or improper operation of pollution control facilities;
2. The Pollutant-Discharging Entity, in violation of the provisions of Paragraph 2, Article 53 of these Regulations, should obtain but fails to obtain a pollutant discharge permit or discharges pollutants after its pollutant discharge permit has been revoked;
3. The Pollutant-Discharging Entity, in violation of the provisions of Paragraph 1, Article 55 of these Regulations, fails to discharge pollutants according to the discharge concentration, discharge volume and other permitted matters specified in the pollutant discharge permit;
4. The Pollutant-Discharging Entity, in violation of the provisions of Paragraph 1, Article 57 of these Regulations, fails to collect and dispose of the industrial wastewater containing the first category of water pollutants or toxic and harmful water pollutants by category and directly discharges it or discharges it after dilution.
Where the Pollutant-Discharging Entity carries out rectification as required and ends up meeting the requirements after the revocation of its pollutant discharge permit, it may re-apply to the municipal ecology and environment department for a pollutant discharge permit. However, a Pollutant-Discharging Entity whose pollutant discharge permit is revoked in accordance with the provisions of Subparagraph 1 of the preceding paragraph shall not re-apply for a pollutant discharge permit within six months from the date of revocation of the discharge permit.
Article 138 Any organization or individual that introduces, releases or discards alien species without approval in violation of the provisions of Paragraph 1, Article 37 of these Regulations shall be punished in accordance with the provisions of such laws and regulations as the Biosecurity Law of the People’s Republic of China.
Article 139 Where, in violation of the provisions of Paragraph 2, Article 38 of these Regulations, large-scale excessive planting of ornamental forests with single species is ascertained by the planning and natural resources, urban management and other departments with relevant responsibilities, the competent department with relevant management responsibilities shall order correction and restoration to the original state.
Article 140 Anyone driving a high-emission motor vehicle in the restricted areas or during the restricted hours for high-emission motor vehicles in violation of the provisions of Paragraph 2, Article 61 of these Regulations shall be ordered to make corrections by the traffic administration department of the public security agency and shall be fined according to the standard of 2,000 yuan per vehicle.
Article 141. Where the provisions of Paragraph 2, Article 62 of these Regulations are violated, the maritime safety administration authority shall order correction and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 142 In the case of any of the following acts, the competent oceanic administration enforcement authority shall order correction and impose punishment in accordance with the following provisions:
1. Where any entity, in violation of the provisions of Article 77 of these Regulations, engages in mud transport operations using open-bottom vessels or ships with self-unloading devices in the waters under the jurisdiction of the City without permit for dumping wastes at sea, it shall be imposed with a fine of not less than 30,000 yuan but not more than 100,000 yuan;
2. Those engaging in aquaculture without approval in violation of the provisions of Paragraph 1, Article 93 of these Regulations shall be ordered to stop their illegal acts, dismantle the aquaculture facilities within the specified time limit, and restore the original state of the waters in addition to confiscation of illegal gains and a fine of 50,000 yuan; those engaging in aquaculture activities beyond the area and scope specified in the aquaculture license shall be fined 10,000 yuan; and those violating the purposes specified in the aquaculture license shall be ordered to dismantle the facilities within the specified time limit, restore the original state or aquaculture function of the waters, and fined 30,000 yuan.
Article 143 Those engaging in the production and sale of plastic products that do not conform to provisions in violation of the provisions of Articles 82 and 83 of these Regulations shall be punished by the administration for market regulation, commerce, postal administration and other authorities concerned in accordance with the applicable laws and regulations such as the Law of the People’s Republic of China on Prevention and Control of Environment Pollution by Solid Waste as well as the provisions of the Regulations of Shenzhen Municipality on Classified Management of Household Waste.
Article 144 Those engaging in livestock and poultry breeding against the applicable pollution prevention requirements for livestock and poultry breeding or in prohibited areas for livestock and poultry breeding in violation of the provisions of Article 92 of these Regulations shall be punished by the ecology and environment, comprehensive urban management enforcement and other competent departments in accordance with the applicable laws and regulations.
Article 145 In any of the following circumstances and where a fine is imposed and the order to make corrections is refused, the municipal ecology and environment department and other authorities concerned may, from the day following the day when the correction was ordered, impose continuous daily penalty according to the original penalty amount.
1. Where the pollutant discharge permit is not obtained in accordance with law or pollutants are discharged after the pollutant discharge permit has been revoked;
2. Where construction noise is emitted exceeding the noise emission standards or noise is produced during construction operations at noon or night in violation of laws and regulations;
3. Other circumstanced specified in laws and regulations.
Chapter Eight Supplementary Provisions
Article 146 These Regulations shall enter into force on September 1, 2021, and the Regulations of the Shenzhen Special Economic Zone on Environmental Protection shall be repealed simultaneously.
附件下载：
粤公网安备 44030402002963号