Decision of the Standing Committee of the Zhuhai Municipal People's Congress on Amending the "Zhuhai Municipal Environmental Protection Regulations" and "Zhuhai Municipal Service Industry Environmenta

Decision of the Standing Committee of the Zhuhai Municipal People's Congress on Amending the "Zhuhai Municipal Environmental Protection Regulations" and "Zhuhai Municipal Service Industry Environmental Management Regulations"

1. Modify the relevant contents of the "Zhuhai Environmental Protection Regulations"

(1) Unify the "environmental protection authorities" in the text of the regulations into "ecological environment authorities", "Urban management and administrative law enforcement departments" are unified to "Urban management and comprehensive law enforcement departments".

(2) Change "living environment and ecological environment" in Article 1 to "environment".

(3) Amend Article 3 to read: “The environment as mentioned in these Regulations refers to the totality of various natural and artificially modified natural factors that affect human survival and development, including atmosphere, water, Oceans, land, mineral deposits, forests, wetlands, wildlife, natural relics, cultural relics, nature reserves, scenic spots, cities and villages, etc. The "environmental protection department at the same level" was changed to "ecological environment department". Delete "during the term" in the first paragraph and "during the term and" in the second paragraph.

(5) Delete the second paragraph of Article 6.

(6) Amend Article 7 to read: “Relevant government administrative departments such as natural resources, construction, public security, market supervision, water affairs, sanitation, agriculture and rural areas, and transportation shall do a good job in fulfilling their duties within the scope of their duties in accordance with the law. Environmental protection work.”

(7) Amend “urban planning” in Article 8 to “land spatial planning”.

(8) Delete the second paragraph of Article 13.

Change the third paragraph to the second paragraph and amend it to read: "Environmental protection work should be included in the national economic and social development plan and territorial spatial planning. Environmental protection planning should be connected with the content of territorial spatial planning."

(9) Modify the "urban master plan" in Article 17 to "land spatial planning".

(10) Amend the second paragraph of Article 18 to read: “If the environmental quality fails to meet the requirements of environmental functional zoning, the people’s governments at all levels shall carry out comprehensive improvement of the regional environment within a time limit. During the comprehensive improvement period, The competent department of ecology and environment shall suspend the review and approval of environmental impact assessment documents for construction projects that increase the total amount of pollutant emissions or have a greater impact on the ecological environment.”

(11) Article 19 will be revised. It is: "The municipal ecological environment department is responsible for the city's environmental quality monitoring and pollution source monitoring, conducts monitoring in accordance with national environmental monitoring technical specifications, and builds an environmental monitoring network."

(12) Replace Article 20, Article 1 The "environmental protection department" in the paragraph is changed to "municipal ecological environment department".

(13) Change the “environmental impact assessment agency” in paragraph 1 of Article 25 to the “environmental impact assessment document preparation unit”.

The "environmental protection department and marine administrative department" in the second paragraph are changed to "ecological environment department".

(14) Amend the third paragraph of Article 27 to read: "The Municipal People's Government may, based on the environmental quality of this city, request the Provincial People's Government to formulate the emission standards for major pollutants in key industrial sectors of this city in accordance with the law. Standards.”

(15) Amend the “district environmental protection department” in Article 30, paragraph 2, to the “ecological environment department”.

(16) Amend the second paragraph of Article 31 to read: “Relevant units that engage in behaviors that may cause major environmental pollution or ecological damage shall conduct environmental risk assessments in accordance with regulations and improve environmental risk prevention. To implement control measures, organize the investigation and rectification of potential environmental risks, formulate and revise environmental emergency plans and file them, equip relevant emergency equipment and materials, and carry out emergency drills.”

(17) Paragraph 1 of Article 33 shall be adopted. "Environmental protection departments and their environmental supervision agencies" in "Environmental Protection Departments and Environmental Supervision Agencies" was changed to "ecological environment departments".

(18) Amend the first paragraph of Article 36 to read: “Construction units that discharge noise to the surrounding environment shall comply with the national noise emission standards for construction sites; the competent ecological environment department , Urban management and comprehensive law enforcement departments should strengthen the supervision and inspection of construction noise in accordance with their respective duties, and if the noise emission standards at the construction site boundary are exceeded, the construction construction unit should be ordered to take effective measures to control it. ”

(19) Article 39 is revised to read: “When building residential and other noise-sensitive construction projects on both sides of existing urban traffic arteries, the development and construction unit shall be separated by a certain distance in accordance with national regulations and take effective noise control measures. ."

(20) Amend Article 43 to read: "In areas where noise-sensitive buildings are concentrated, production and business units whose noise seriously disturbs residents must organize with the units and residents affected by it. Negotiate, take adjustments to production and operation hours and other compensation measures, and submit the agreement to the local ecological environment authority for record.” (21) Amend the second paragraph of Article 44 to: "Units engaged in the collection, storage, utilization and disposal of hazardous wastes shall obtain a hazardous waste business license."

(22) Delete Article 45.

(23) Delete Article 48.

(24) Change Article 49 to Article 47, and amend it to read: “This city promotes the classified placement, collection, transportation, processing and comprehensive utilization of urban and rural garbage. Municipalities, districts The people's government should take active measures to gradually improve the construction of garbage treatment facilities and realize the classified treatment of urban and rural garbage." (25) Article 51 is changed to Article 49 and revised to read. : "It is prohibited to burn asphalt, linoleum, rubber, plastic, plastic, leather, construction waste, garbage, wires and cables, electronic waste and other substances that produce toxic and harmful smoke and odor in non-designated places."

( 26) Article 57 is changed to Article 55, and the third paragraph is modified to read: “Motor vehicles driving on the road that emit black smoke or other obviously visible pollutants shall be deemed to have black smoke after remote sensing inspection. If it is confirmed that electronic equipment such as snapshots exceeds the standard, the traffic management department of the public security organ shall investigate and deal with it.”

The fourth paragraph is modified to read: “Relevant departments such as transportation, market supervision, industry and information technology shall conduct inspections on motor vehicles in accordance with their legal duties. Supervision and management of exhaust pollution.”

(27) Change Article 58 to Article 56, and change “quality supervision” in the first paragraph to “market supervision.”

(28) Article 60 is changed to Article 58, and the first paragraph is modified to read: “Motor vehicle emission inspection and testing agencies that provide notarized data to the society must obtain approval from the market supervision department in accordance with the law. Measurement certification. ”

The second paragraph is revised to read: “The ecological environment department and the market supervision department shall supervise and inspect the emission inspection of motor vehicle emission inspection agencies according to their respective responsibilities.”

(29) Change Article 67 to Article 65, and amend it to read: “In drinking water source protection areas, important fishery waters, coastal scenic spots, bays, semi-enclosed seas and other areas designated by the municipal people It is prohibited to set up sewage outlets and discharge sewage in waters of special value designated by the government. The establishment of sewage outlets in other coastal waters should be strictly limited according to the plan; relevant discharge standards should be followed when sewage is discharged. ”

(30) Article 79 is changed to Article 77, and the second paragraph is modified to read: "It is prohibited to hunt and kill wild birds and wild animals within the scope of protection in order to maintain biological diversity and ecology Balance."

(31) Change Article 84 to Article 82, and delete the expression "implementing franchise operations" in the first paragraph.

(32) Change Article 86 to Article 84, and amend it to read: “In tourist areas, parks and bathing beaches, it is prohibited to build construction projects that have adverse effects on the environment or It is prohibited to construct buildings and structures that are not related to tourism or sightseeing. The planning and construction of nature reserves and scenic spots shall be carried out in accordance with the provisions of relevant laws and regulations.” (33). Article 8 is changed to Article 86, and "administrative responsibility" in the first paragraph is changed to "responsibility".

(34) Change Article 89 to Article 87, and amend it to read: “Violate the provisions of paragraph 2 of Article 20 of these Regulations, illegally idle, dismantle, modify, damage Those who use automatic monitoring equipment for pollution sources or deliberately change the data obtained by the automatic monitoring system, or fail to report the failure of automatic monitoring equipment, shall be ordered to make corrections by the competent ecological environment department and shall be fined not less than 50,000 yuan but not more than 200,000 yuan; those who fail to make corrections within the time limit shall , ordered to stop production for rectification; those responsible for the environmental pollution and ecological damage caused shall also bear joint and several liability with other persons responsible for causing environmental pollution and ecological damage. "

(35) Article 1 Article 91 is changed to Article 89, and is revised to read: “Anyone who violates the provisions of Article 22 of these Regulations, fails to establish an environmental management ledger in accordance with the law, or fails to specify relevant matters shall be ordered to make corrections within a time limit by the competent ecological environment department. , and shall be fined not less than RMB 20,000 but not more than RMB 200,000; those who fail to make corrections within the time limit shall be ordered to suspend production for rectification.”

(36) Change Article 93 to Article 91. , revised to: “Anyone who violates the provisions of Article 29 of these Regulations and fails to comply with relevant regulations and technical specifications and standards for environmental protection in setting up sewage outlets shall be punished in accordance with the law; without the consent of the competent ecological environment department, altering the sewage outlets and their signs , sampling and flow measurement facilities shall be ordered to make corrections by the ecological environment department and a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed.”

(37) Change Article 94 to Article 1. Article 92, delete the second paragraph.

(38) Change Article 95 to Article 93, and amend it to read: “Violating the provisions of Paragraph 2 of Article 33 of these Regulations, refusing supervision and inspection or accepting supervision Anyone who provides false information during inspections will be punished by the ecological environment department and other departments responsible for environmental protection supervision and management in accordance with relevant laws, regulations and rules.”

Article 39. Article 96 is changed to Article 94, and the "environmental protection department" in the article is changed to "urban management and comprehensive law enforcement department".

(40) Change Article 99 to Article 97, and amend it to read: “Violate the provisions of paragraph 3 of Article 44 of these Regulations and use materials that do not meet relevant environmental protection requirements. Any site or facility that accumulates, stores, or disposes of solid waste shall be ordered by the ecological environment department to make corrections within a time limit, and shall be fined not less than RMB 10,000 but not more than RMB 100,000.” (41) Delete the first item. Hundreds.

(42) Change Article 101 to Article 98, and amend it to read: “Violating the provisions of Article 46 of these Regulations and transferring hazardous wastes without complying with the transfer manifest system If the violation is found, the competent department of ecology and environment shall order it to stop the illegal act, make corrections within a time limit, and impose a fine of not less than 100,000 yuan but not more than 1 million yuan." (43) Delete Article 102.

(44) Change Article 104 to Article 100 and amend it to read: “In violation of the 49th provisions of these regulations, burning asphalt, linoleum, rubber, Plastics, plastics, leather, construction waste, garbage, wires and cables, electronic waste and other substances that produce toxic and harmful smoke, dust and odor will be ordered to make corrections by the city management and comprehensive law enforcement departments, and the unit will be fined not less than RMB 10,000 but not more than RMB 100,000. A fine of not less than RMB 500 but not more than RMB 2,000 shall be imposed on an individual."

(45) Article 105 is changed to Article 101 and revised to read: "Violation. Article 51 of these Regulations stipulates that the production or burning of coal (including coal products with coal as the main raw material), heavy oil and other highly polluting fuels determined by the country or province in the prohibited burning areas of high-pollution fuels delineated by the Municipal People's Government If fuel is used, the competent department of ecology and environment shall order it to make corrections within a time limit and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan." (46) Change Article 107 to No. 1. Article 103, the "industrial and commercial administrative department" in the article is changed to "market supervision department".

(47) Change Article 108 to Article 104, and amend it to read: “Violating the provisions of Paragraph 1 of Article 58 of these Regulations, providing notarized data to the society If a motor vehicle emission inspection and testing agency fails to obtain measurement certification, it will be punished by market supervision and other administrative departments in accordance with relevant laws, regulations and rules.

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(48) Change Article 111 to Article 107 and amend it to read: "Any violation of Article 64 of these regulations shall be investigated by the city management and comprehensive law enforcement departments. Order to make corrections and give a warning; if corrections are made within the time limit or serious consequences are caused, the unit shall be fined not less than 100,000 yuan but not more than 200,000 yuan, and the individual shall be fined not less than 20,000 yuan but not more than 100,000 yuan; any losses caused shall be borne in accordance with the law. Liability. "

(49) Change Article 112 to Article 108 and amend it to read: "Anyone who sets up a sewage outlet in violation of the provisions of Article 65 of these Regulations shall be punished in accordance with the law. Penalties shall be imposed; if there are no provisions in relevant laws and administrative regulations, the local people's government shall order it to close or dismantle it within a time limit. ”

(50) Article 115 is changed to Article 111, and “planning and land” in the article is changed to “natural resources”.

(51) Change Article 116 to Article 112, and delete the third item of paragraph 1.

In addition, adjust the order of the articles accordingly.