Article 1 To strengthen the control of fugitive dust pollution and improve the environment in this municipality, these Measures are formulated in accordance with the Law of the People’s Republic of China on the Prevention and Control of Atmospheric Pollution and the Regulations of Shenzhen Special Economic Zone on Environmental Protection of Construction Projects and in light of the specific circumstances in this municipality.
Article 2 These Measures shall apply to the administration of the prevention and control of fugitive dust pollution within the administrative area of this municipality.
Article 3 Fugitive dust pollution as mentioned in these Measures refers to the pollution to the surrounding environment and atmosphere caused by dust particles produced in any of the following activities, such as constructing projects (including those for houses, roads, pipelines, municipal utilities and ports), house demolition, quarrying, soil digging, material transportation and piling, the cleaning of public places and roads, and landscaping maintenance, as well as dust particles produced by bare muddy ground.
Materials that can easily lead to fugitive dust pollution as mentioned in these Measures refer to coal, sandstone, lime soil, construction waste and engineering muck that can easily produce dust particles.
Article 4 The municipal competent ecology and environment authority (hereinafter referred to as the municipal competent ecology and environment authority) shall supervise and administer the prevention and control of fugitive dust pollution in this municipality in a holistic manner. The office of the municipal competent ecology and environment authority shall supervise and administer the prevention and control of fugitive dust pollution within its jurisdiction.
The municipal competent urban planning and natural resources authority (hereinafter referred to as the municipal competent urban planning and natural resources authority) shall administer and supervise the prevention and control of fugitive dust pollution caused by house demolition, quarrying and soil digging.
The municipal competent housing and construction authority (hereinafter referred to as the municipal competent housing and construction authority) shall administer and supervise the prevention and control of fugitive dust pollution caused by construction projects for houses and municipal engineering projects.
The municipal competent urban management and law enforcement authority (hereinafter referred to as the municipal competent urban management and law enforcement authority) shall administer and supervise the prevention and control of fugitive dust pollution caused by the transportation of materials that can easily lead to fugitive dust pollution such as mud and muck, by the cleaning of public places or roads, by landscaping maintenance, or by the reparation or renovation of municipal utilities (excluding municipal roads and bridges).
The municipal transport authority (hereinafter referred to as the municipal competent transport authority) shall administer and supervise the prevention and control of fugitive dust pollution caused by the construction of highways, municipal roads, bridges and ports.
The municipal competent water authority (hereinafter referred to as the municipal competent water authority) shall administer and supervise the prevention and control of fugitive dust pollution caused by water conservancy projects.
The public works authority shall administer the prevention and control of fugitive dust pollution caused by government-invested construction projects.
Other relevant authorities shall supervise and administer the prevention and control of fugitive dust pollution in accordance with their respective duties.
Article 5 The municipal competent ecology and environment authority shall develop an overall plan for the prevention and control of fugitive dust pollution. The office of the municipal competent ecology and environment authority shall develop a specific plan for the prevention and control of fugitive dust pollution within the area in accordance with the aforementioned overall plan.
The authorities of housing and construction, urban management and law enforcement, planning and natural resources, transport and water shall, in accordance with the aforementioned overall plan and the specific plan, formulate specific measures for the prevention and control of fugitive dust pollution within their respective duties so as to reduce fugitive dust pollution.
The municipal competent ecology and environment authority shall establish a database of pollution sources and an information system for the administration of the prevention and control of fugitive dust pollution to regularly release information about fugitive dust pollution. The office of the municipal competent ecology and environment authority shall cooperate with the municipal competent ecology and environment authority in establishing the database and the information system, share related information and submit information about fugitive dust pollution in the area as required by the municipal competent ecology and environment authority.
Article 6 The environmental impact assessment report submitted by the investor to the municipal competent ecology and environment authority according to the law shall include a plan for the prevention and control of possible fugitive dust pollution caused by the construction project.
Article 7 The investor shall include the expenses for the prevention and control of fugitive dust pollution in the general estimate and budget of its project and specify the constructor’s liabilities for the prevention and control of possible fugitive dust pollution caused by the construction project in the construction contract it signs with the constructor. The constructor shall develop a specific implementation plan for the prevention and control of fugitive dust pollution.
Article 7 The investor shall include the prevention and control of fugitive dust pollution in the project supervision contract.
The supervisor shall supervise the prevention and control of fugitive dust pollution. In the process of supervision, whoever discovers that the constructor violates any requirements for the prevention and control of fugitive dust pollution or fails to implement measures to prevent and control fugitive dust pollution in accordance with the implementation plan for the prevention and control of fugitive dust pollution shall require the constructor to make corrections within a time limit; if the circumstances are serious, the supervisor shall require the constructor to stop construction and report such circumstances to the investor in a timely manner; if the constructor refuses to make corrections or stop construction, the supervisor shall report to the municipal competent ecology and environment authority.
If fugitive dust pollution may be caused during a construction project, the investor shall ensure that the constructor effectively implements measures to prevent and control fugitive dust pollution in accordance with the contract and ensure that the supervisor supervises the prevention and control of fugitive dust pollution in accordance with the contract.
Article 9 The municipal competent ecology and environment authority shall establish major sources of fugitive dust pollution and regularly publicize such sources on its website every year. The establishment criteria and procedures for major sources of fugitive dust pollution shall be separately formulated by the municipal competent ecology and environment authority and simultaneously implemented with these Measures.
If a construction project is listed as a key source of fugitive dust pollution, the constructor shall construct and install automatic monitoring equipment and auxiliary facilities within the prescribed time limit, connect the equipment and facilities with the automatic monitoring system, and ensure their normal operation. It is forbidden to dismantle or leave them idle without authorization.
Article 10 A construction project shall be proceeded according to the following requirements for the prevention and control of fugitive dust pollution:
(1) Continuous and closed fences shall be set up around the construction site. Specifically, the height of fences that are set up in major road sections, landscape roads, airports, docks or station squares in Shenzhen municipality shall not be less than 2.5 meters, while the height of fences that are set up in other road sections shall not be less than 1.8 meters;
(2) Grounds and carriageways on the construction site shall be hardened and treated with other dust reduction measures;
(3) Soil and rock digging, blasting and house demolition shall be stopped when the meteorological authority issues a warning for fugitive dust pollution caused by construction;
(4) If construction waste or engineering muck cannot be cleared within 48 hours, a temporary storage area treated with dustproof measures such as fences and covers shall be set up on the construction site;
(5) No transport vehicle shall leave the working site until it has been washed away all the mud and dirt. It is forbidden to use any equipment that can easily produce dust, such as the air compressor, to clean up the dust on the vehicle, equipment or material;
(6) For a construction operation where a large amount of mud will be produced, proper mud pools and ditches shall be equipped to ensure that the mud will not spill, and the waste mud shall be transported by a sealed tank truck;
(7) If concrete is required, ready-mixed concrete shall be used, or concrete shall be mixed under airtight conditions. Corresponding measures on the prevention and control of fugitive dust shall be also taken. It is strictly forbidden to mix concrete at the site in open air;
(8) For a construction site that will be laid idle for over three months, the investor shall landscape the bare muddy ground or resurface the site;
(9) Engineering materials, sandstone and soil that can easily lead to fugitive dust shall be stored under airtight conditions. The constructor shall cover such materials with a dustproof net or dustproof cloth and regularly spray them with dust inhibitor or water to prevent wind and dust if they are stored on the construction site;
(10) Bulk materials, construction waste and muck shall be transported on a building or structure in an airtight manner. It is forbidden to throw them regardless at low or high level.
Article 11 Roads and pipelines shall be constructed according to the following requirements for the prevention and control of fugitive dust pollution, in addition to those stipulated in Article 10 of these Measures:
(1) Measures such as sprinkling or spraying water shall be taken to prevent fugitive dust pollution when construction machinery is digging, loading, piling, cutting or crushing a road;
(2) A backfilled groove shall be sprinkled with water or covered with a net or cloth to prevent fugitive dust pollution;
(3) The ground shall be sprayed with water when it is dug by a pneumatic drill or the construction site is cleaned.
Article 12 When demolishing a house or another building or structure, in addition to the provisions of Article 10 of these Measures, the constructor shall sprinkle or spray water on the house, building or structure to be demolished, except that sprinkling or spraying water may cause danger in construction.
Article 13 In addition to the (2), (3) and (5) items of Article 10 of these Measures, quarrying and soil digging shall also be conducted according to the following requirements for the prevention and control of fugitive dust pollution:
1. Waste rock, waste residue and stripped soil shall be stored in a dedicated storage area equipped with fences and dustproof nets;
2. Damaged vegetation and environment shall be restored during the process of construction.
Article 14 The dock, storage yard and open-air warehouse where the materials that can easily lead to fugitive dust pollution are stored shall meet the following requirements for the prevention and control of fugitive dust pollution:
1. The ground of the dock, storage yard or open-air warehouse shall be hardened;
2. The storage with concrete walls or covers shall be equipped with a spray or another dust prevention facility;
3. Dust prevention facilities such as vacuums and sprays shall be equipped at the loading and unloading sites and be kept in good conditions when equipment is transported in an airtight manner. Other dust prevention measures shall be taken during open-air loading and unloading in the storage yard, such as sprinkling water;
4. A temporary waste storage yard shall be equipped with fences and dustproof nets. A permanent waste storage yard shall be equipped with walls or have plants on the ground;
5. Material storage areas and roads shall be separated by clear boundaries. Scattered materials shall be removed in time. Roads shall be kept clean and washed in time.
Any dock, storage yard or open-air warehouse that is storing piled materials that can easily lead to dust pollution and does not meet the requirements stipulated in the preceding paragraph shall be upgraded by its owner or manager within six months after the implementation of these Measures.
Article 15 The vehicle transporting materials that can easily lead to fugitive dust pollution, such as sandstone, lime soil, construction waste or engineering residue, shall meet the following dust-proof requirements:
1. The transport vehicle shall hold a transport license and a traffic permit issued by the urban management and law enforcement authority or the traffic police;
2. The transport company and the driver shall use an airtight transport vehicle;
3. The transport vehicle shall not leave the site until being washed away the mud;
4. The transport company and the driver shall strengthen the maintenance of the airtight devices on the vehicle and ensure the normal use of such devices. The materials on the vehicle shall not exceed the edge of the compartment baffle and shall not leak, fall or fly during transport.
Article 16 The hygiene and cleaning company shall clean urban roads, pedestrian overpasses, pedestrian tunnels and public squares according to relevant regulations so as to prevent fugitive dust pollution.
The owner or operator of an open-air public place, such as the parking lot, station, dock or port, shall clean such place according to relevant regulations so as to prevent fugitive dust pollution.
Article 17 Landscaping and maintenance operations shall be carried out in accordance with the following dust prevention requirements:
(1) When the meteorological authority issues a weather warning for fugitive dust pollution caused by construction, land leveling, soil removal and replacement or raw soil sifting shall be stopped;
(2) Where the plant pits dug for street trees can not be used within 48 hours, measures to prevent fugitive dust pollution such as covering the plant pits and the planting soil shall be taken. After street trees have been planted, the remaining soil and other materials shall either be removed on the same day or be covered;
(3) To landscape a stretch of area covering more than 3,000 square meters, hard and closed fences not lower than 1.8 meters shall be set around the area. Vehicle washing facilities and auxiliary drainage and mud sedimentation facilities shall be installed on the construction site. No transport vehicle shall leave the construction site until being washed away the mud.
Article 18 The municipal competent ecology and environment authority may coordinate relevant authorities to jointly inspect the comprehensive prevention and control of fugitive dust pollution. Those subject to the inspection shall report related information truthfully.
Article 19 The municipal competent ecology and environment authority and other relevant authorities shall set a hotline to receive public reports and complaints about fugitive dust pollution. People can also report or complain through the hotline publicized by Shenzhen Municipal People’s Government.
The municipal competent ecology and environment authority, after receiving a report or complaint about fugitive dust pollution, shall deal with it within its respective duties. If the report or complaint falls in the jurisdiction of the municipal competent ecology and environment authority, it shall handle the report or complaint within 15 days according to the law. Otherwise, it shall refer such report or complaint to relevant authorities with jurisdiction within seven days.
After receiving a report or complaint about fugitive dust pollution or a notice referred by the municipal competent ecology and environment authority, the relevant authority shall not shuffle its responsibilities. It shall go to the scene in time for investigation, and inform the municipal competent ecology and environment authority and the person who makes the report or complainant of the handling result. The municipal competent ecology and environment authority shall supervise the case till the end.
Article 20 In violation of Article 7 of these Measures, whoever fails to develop an implementation plan for the prevention and control of fugitive dust pollution as required or fails to implement the plan shall be ordered to make corrections within a time limit by relevant authorities; whoever refuses to make corrections shall be fined 10,000 yuan.
Article 21 In violation of the first or third paragraph of Article 8 of these Measures, whoever fails to include the prevention and control of fugitive dust pollution in the project supervision contract or fails to ensure that the constructor or the supervisor fulfills its relevant duties as required shall be ordered to make corrections within a time limit by the municipal competent ecology and environment authority and shall be fined 10,000 yuan; whoever refuses to make corrections shall be fined 50,000 yuan.
In violation of the second paragraph of Article 8 of these Measures, whoever fails to supervise the prevention and control of fugitive dust pollution as required shall be ordered to make corrections by the municipal competent ecology and environment authority; whoever refuses to make corrections shall be fined 20,000 yuan.
Article 22 In violation of the second paragraph of Article 9 of these Measures, whoever fails to construct or install automatic monitoring equipment and its auxiliary facilities or dismantle or let idle automatic monitoring equipment and its auxiliary facilities without authorization shall be punished by the municipal competent ecology and environment authority according to relevant provisions of the Measures on Administering Automatic Monitoring of Pollution Sources.
Article 23 In violation of Article 10 or 11 of these Measures, whoever fails to take measures to prevent and control fugitive dust pollution as required shall be ordered to make corrections within a time limit by the housing and construction, transport or water authority and shall be fined not less than 10,000 yuan but not more than 100,000 yuan; whoever refuses to make corrections shall be ordered to suspend construction for corrections by relevant authorities.
Article 24 In violation of Article 12 or 13 of these Measures, whoever fails to take measures to prevent fugitive dust pollution as required shall be ordered to make corrections within a time limit by the municipal competent planning and natural resources authority and fined 10,000 yuan. If serious consequences are caused, it shall be fined 20,000 yuan; whoever refuses to make corrections shall be ordered to suspend construction for corrections by the municipal competent planning and natural resources authority.
Article 25 In violation of Article 14 of these Measures, whoever fails to take measures to prevent fugitive dust pollution at the dock, storage yard or open-air warehouse as required shall be ordered to make corrections within a time limit by the municipal competent ecology and environment authority and fined not less than 10,000 yuan but not more than 100,000 yuan; whoever refuses to make corrections shall be ordered to suspend production or business for corrections according to the law.
Article 26 In violation of the first paragraph of Article 15 or 16 of these Measures, whoever fails to take measures to prevent fugitive dust pollution as required shall be punished by the municipal competent urban management and law enforcement authority according to relevant regulations and laws.
In violation of the second paragraph of Article 16 of these Measures, whoever fails to take measures to prevent fugitive dust pollution at an open-air public place such as the parking lot, station, dock or port as required shall be ordered to make corrections within a time limit by the municipal competent urban management and law enforcement authority and fined not less than 10,000 yuan but not more than 100,000 yuan; whoever refuses to make corrections shall be ordered to suspend production or business for corrections according to the law.
Article 27 In violation of Article 17 of these Measures, whoever fails to take measures to prevent fugitive dust pollution as required shall be ordered to make corrections by the municipal competent urban management and law enforcement authority and fined 5,000 yuan; whoever refuses to make corrections shall be fined 20,000 yuan.
Article 28 In any of the following circumstances, the manager shall be investigated for administrative responsibility according to the law and shall be sent to the judicial authority for further punishment according to the law if a crime is suspected:
(1) Rejecting any application that meets the prescribed conditions;
(2) Failing to timely deal with a report or complaint or failing to timely refer it to relevant authorities according to relevant regulations;
(3) Failing to disclose information about the administration of the prevention and control of fugitive dust pollution and failing to disclose or timely disclose information that shall be disclosed;
(4) Imposing a punishment or taking a compulsory measure in violation of legal procedures;
(5) Engaging in abuse of power, favoritism or malpractice;
(6) Failing to perform his prescribed duties entirely or correctly.
Article 29 These Measures shall enter into force as of October 1, 2008.
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