Decision of Xining Municipal People's Congress on Amending and Abolishing Some Local Regulations

(1) Amending the Regulations of Xining Municipality on the Prevention and Control of Air Pollution.

1. Article 1 is amended as: "In order to prevent and control air pollution, improve the quality of atmospheric environment, safeguard public health, adhere to the harmonious coexistence between man and nature, promote the construction of ecological civilization, and promote the sustainable development of economy and society, in accordance with the Environmental Protection Law of People's Republic of China (PRC), the Law on Prevention and Control of Air Pollution of People's Republic of China (PRC) and other laws and regulations, combined with the situation of this Municipality.

2. Article 14 is amended as: "Enterprises, institutions and other producers and operators that discharge pollutants into the atmosphere shall establish a responsibility system for the prevention and control of air pollution and the management of pollutant discharge, and clarify the responsibilities of the responsible persons and relevant personnel."

3. Article 22 is amended as: "If a district (county), township (town), industrial park or characteristic industrial park is under any of the following circumstances, the municipal environmental protection administrative department shall make a decision not to approve the environmental impact statement and environmental impact statement of the construction project that produces air pollutants in this area:

"(a) the type of construction project and its location, layout, scale, etc. Does not comply with environmental protection laws and regulations and relevant statutory plans;

"(two) the regional environmental quality does not meet the national or local environmental quality standards, and the measures to be taken by the construction project cannot meet the requirements of regional environmental quality improvement target management;

"(three) the pollution prevention measures taken by the construction project can not ensure that the pollutant discharge reaches the national and local emission standards, or fail to take necessary measures to prevent and control ecological damage;

"(four) renovation, expansion and technical transformation projects, the original environmental pollution and ecological damage of the project did not put forward effective prevention and control measures;

(five) the basic data of the environmental impact report and the environmental impact report form of the construction project are obviously untrue, with major defects or omissions, or the conclusion of the environmental impact assessment is unclear and unreasonable.

4 will be thirty-fourth, sixty-fourth in the "green environmental inspection mark" to "safety technology inspection mark".

5. Delete the first paragraph of Article 37.

6. Amend the "emission permit" in the second paragraph of Article 13 and the first paragraph of Article 59 to "emission permit".

7. Delete the phrase "impose a fine of not less than 3,000 yuan but not more than 30,000 yuan on the main responsible person" in Item 1 of Article 59.

8. Paragraph 2 of Article 59 is amended as: "(2) Those who fail to conduct post-assessment of environmental impact according to law shall be ordered to make corrections within a time limit and be fined between 50,000 yuan and 200,000 yuan; If it is not corrected within the time limit, it will be fined more than 200,000 yuan10 million yuan. "

9. Item 3 of Article 59 is amended as: "(3) Those who put the construction project into production or use because the air pollution prevention and control facilities that need to be built have not been completed, have not been accepted or failed to pass the acceptance, or resort to deceit in the acceptance of environmental protection facilities, shall be ordered to make corrections within a time limit and be fined between 200,000 yuan and 1 million yuan; If no correction is made within the time limit, a fine of not less than one million yuan but not more than two million yuan shall be imposed; The directly responsible person in charge and other responsible personnel shall be fined between 50,000 yuan and 200,000 yuan; If it causes serious environmental pollution or ecological damage, it shall be ordered to stop production or use, or it shall be ordered to close after approval by the people's government with the power of examination and approval. "

10. Delete Article 60.

1 1. Item 3 of Article 61 is amended as: "(3) Where highly polluting fuels are used in highly polluting no-burn zones or continue to be used after the expiration of the time limit prescribed by the Municipal People's Government, the competent administrative department of environmental protection shall order the facilities burning highly polluting fuels to be dismantled or confiscated within a time limit and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan."

12. Item 4 of Article 61 is amended as: "(4) Where unqualified coal and its products are sold, the market supervision and management department shall order them to stop selling, confiscate the coal and its products and illegal income, and impose a fine of more than one time and less than three times the value of the goods."

13. Delete the first paragraph of Article 62.

14. Delete the first paragraph of article 65.

15. Delete "accepting entrustment" in the second paragraph of Article 65.

16. In the third paragraph of Article 77, "Those who set off fireworks and firecrackers shall be fined between 200 yuan and 2,000 yuan" is amended as: "Those who set off fireworks and firecrackers shall be fined between 100 yuan and 500 yuan."

17. Delete "those that do not exceed the emission standards, and impose a fine of more than 5,000 yuan in 200 yuan" in the first paragraph of Article 78.

18. Delete item 4 of Article 82.

(two) to amend the "Regulations" of Xining lightning disaster prevention.

1. Paragraph 1 of Article 2 is amended as: "Those who engage in lightning protection and disaster reduction activities within the administrative area of this Municipality shall abide by these regulations."

2. Delete "safety evaluation", "specialty" and "supervision" in the second paragraph of Article 2.

3. Delete Article 5.

4. Delete all the contents of Chapter II, namely Articles 7, 8 and 9.

5. Change "Chapter III" into "Chapter II" and "Chapter IV" into "Chapter III".

6. Article 10 is renumbered as Article 6, and the first paragraph is amended as: "All kinds of buildings, places and facilities shall be equipped with lightning protection devices, which shall conform to the relevant national lightning protection standards."

One paragraph is added as the second paragraph: "After discovering unqualified lightning protection products, the competent meteorological department shall notify the market supervision department in writing to deal with them according to law."

The second paragraph is changed to the third paragraph.

7. Article 11 is renumbered as Article 7 and amended as: "Lightning protection devices for new buildings, places and facilities shall be designed, constructed and put into use at the same time as the main project.

"The design and construction of lightning protection devices for new construction, renovation and expansion projects can be undertaken by units that have obtained the corresponding professional engineering design and construction qualifications for buildings, highways, waterways, railways, civil aviation, water conservancy, electric power and communications.

"Oil depots, gas depots, ammunition depots, chemical warehouses, fireworks, petrochemicals and other flammable and explosive construction projects and places, mining areas, tourist attractions or buildings and facilities put into use in lightning-prone areas need to be equipped with lightning protection devices separately, and large-scale projects with high lightning risk and no lightning protection standards and specifications need special demonstration. The design review and completion acceptance of lightning protection devices are the responsibility of the municipal and county meteorological authorities. Without the design audit or design audit unqualified, shall not be constructed; Without completion acceptance or unqualified completion acceptance, it shall not be delivered for use.

The competent departments of construction, municipal infrastructure, highways, water transport, railways, civil aviation, water conservancy, electric power, communications and other construction projects are responsible for the lightning protection management of construction projects in corresponding fields.

8. Article 12 is renumbered as Article 8, and the first paragraph is amended as: "The construction unit shall send the construction drawings and design documents of lightning protection devices for inflammable and explosive construction projects and places to the competent meteorological departments of cities and counties for review. The competent meteorological department shall issue an audit opinion within 20 working days from the date of receiving the construction drawing design documents. "

Delete "professionals" in the second paragraph.

The third paragraph is amended as: "Without the approval of the competent meteorological department, the construction administrative department shall not issue the construction permit for the construction drawings and design documents of lightning protection devices in inflammable and explosive construction projects and places."

Delete the fourth paragraph.

9. Article 13 is renumbered as Article 9, and the first paragraph is amended as: "The construction unit must carry out the construction in accordance with the construction drawings and design documents of the lightning protection project approved by the relevant competent department, and accept the quality supervision of the lightning protection project conducted by the relevant competent department according to the construction progress. If it is necessary to change or modify the construction drawing design documents of lightning protection projects during construction, it shall be reported to the original competent department for approval. "

One paragraph is added as the second paragraph: "Lightning protection engineering refers to the general term for facilities that prevent direct lightning, lightning induction, electrostatic induction, electromagnetic induction, lightning electromagnetic pulse and lightning wave from invading."

10. Delete Article 14.

1 1. Article 15 is changed to Article 10, which is amended as: "Lightning protection devices after being put into use shall be tested regularly from March to May every year, and in inflammable and explosive places once every six months, and shall be subject to supervision and inspection by local meteorological authorities and safety production supervision departments.

"The lightning protection device detection unit shall conduct lightning protection device detection in accordance with relevant national standards and norms, be responsible for the detection results, and accept random inspection by the local competent meteorological department."

12. Article 16 is changed to Article 11 and amended as: "After the lightning protection device is tested, the testing unit shall issue a test report within five working days from the date of testing completion. Unqualified, put forward rectification opinions. After receiving rectification opinions, all units of lightning protection devices should rectify in time to eliminate hidden dangers. "

13. Article 17 is changed to Article 12 and amended as: "Users of lightning protection devices shall do a good job in daily maintenance of lightning protection devices, report problems to the institutions undertaking device testing in time, carry out technical treatment, and accept supervision and inspection by competent institutions such as construction, meteorology and safety supervision."

14. Article 20 is changed to Article 15, which is amended as: "Units engaged in lightning protection device detection shall have corresponding qualification levels as stipulated by laws and regulations.

"It is strictly prohibited to undertake lightning protection device testing business without qualification or beyond the qualification level. The qualification certificate for lightning protection device testing shall not be transferred or lent. "

15. Delete Articles 21 and 22.

16. Delete Chapter V and its name, change "Chapter VI" into "Chapter IV" and "Chapter VII" into "Chapter V".

17. delete articles 27, 28 and 29.

18. One article is added as Article 22: "Where laws and regulations have stipulated legal liability for acts violating the provisions of these Regulations, such provisions shall prevail."

(3) Amending the Regulations of Xining Municipality on Funeral Management.

1. Item 1 of Paragraph 1 of Article 22 is amended as: "(1) A person who dies normally in a medical institution shall hold a death certificate issued by a medical institution; If you die normally at home, in an old-age care institution or in other places, you shall hold a death certificate issued by a community health service institution or a township (street) hospital or police station in your jurisdiction. "

2. Article 32 is amended as: "Where the remains that should be cremated are buried in the ground, or the remains are buried or graves are built outside cemeteries and rural public welfare cemeteries, the civil affairs department shall order them to make corrections within a time limit."

(4) Amending the Regulations of Xining Municipality on Voluntary Tree Planting.

1. In Article 2, "These Regulations are applicable to organs, organizations, military units, schools, enterprises and institutions, villagers' committees, residents' (family members') committees and citizens of school age within their respective administrative areas" is amended as: "These Regulations are applicable to the voluntary tree planting activities of the whole people within their respective administrative areas. "

2. The "North-South Mountain" in Article 6 is changed to "North-South Mountain".

3. The "administrative department for industry and commerce" in Article 8 is amended as "market supervision department".

4. Article 15 is amended as: "Those who fail to perform the obligation of planting trees without reason shall be ordered to do so within a time limit, and those who fail to do so within the time limit shall be fined more than 100 yuan per person."

(5) Amending the Regulations of Xining Municipality on Water Resources Management.

1. Article 1 is amended as: "In order to rationally develop, utilize, conserve and protect water resources, prevent and control water disasters, implement the strictest water resources management system, realize the sustainable utilization of water resources, and meet the needs of sustainable development of national economy and society, these Regulations are formulated in accordance with the provisions of People's Republic of China (PRC) Water Law and other laws and regulations, combined with the actual situation of this Municipality."

2. Article 3 is amended as: "Water resources are owned by the state. The water in water projects such as waterlogging ponds built by collective economic organizations in rural and pastoral areas and reservoirs managed by them shall be used by collective economic organizations. The wells dug by farmers and herdsmen in their own courtyards and contracted land are for their own use. "

3. Delete Article 10.

4 seventeenth to sixteenth, and delete the second and third paragraphs.

5. Article 18 is changed to Article 17, and the second paragraph is amended as: "If the application materials submitted by the applicant for water intake permit are complete and conform to the statutory form, the municipal and county water administrative departments shall decide whether to approve or not within 45 working days from the date of accepting the application for water intake. If it is decided to approve, the approval document for water intake application will be issued at the same time. "

6. Article 19 is renumbered as Article 18, and the first paragraph is amended as: "Where a new, rebuilt or expanded construction project needs to apply for a water permit, the construction unit shall demonstrate the water resources of the construction project according to law, and submit an application for a water permit to the water administrative department with the right of examination and approval in accordance with the prescribed procedures and examination and approval authority. After the application for water intake is approved by the water administrative department, the construction unit may build water intake projects or facilities. After the completion of the water intake project or facility, the construction unit shall submit relevant information such as the trial operation of the water intake project or facility to the water administrative department with the power of examination and approval. If the water intake project or facility is qualified, the examination and approval authority shall issue a water intake permit. "

7 twentieth to nineteenth, and the "planning department" to "development and Reform Commission".

8. Article 23 is changed to Article 22 and amended as: "Water shall be metered and charged. Water units and individuals shall install metering facilities in accordance with national technical standards, ensure the normal operation of metering facilities, and fill in water intake statistics in accordance with regulations. The water administrative department shall supervise and inspect the metering facilities and water intake, and the water intake units and individuals shall truthfully provide relevant information. "

9. Article 31 is renumbered as Article 30 and amended as: "Whoever refuses to pay or fails to pay the water resource fee in violation of the provisions of these Regulations shall be ordered by the water administrative department of the people's government at or above the county level to pay it within a time limit according to its functions and powers; If it is not paid within the time limit, a late payment fee of two thousandths of the late payment fee will be charged on a daily basis, and a fine of more than one time but less than five times the water resource fee should be paid or paid back. "

10. Article 32 is renumbered as Article 31 and amended as: "Anyone who, in violation of the provisions of these Regulations, arbitrarily changes the approved water intake project construction plan shall be ordered by the water administrative department of the people's government at or above the county level to stop the illegal act, make corrections within a time limit or take remedial measures, and be fined not less than 5,000 yuan but not more than 10,000 yuan."

1 1. Change Article 35 into Article 34, delete "people's government" and change "supervisory department" into "supervisory organ".

(six) to amend the Regulations of Xining Municipality on the administration of city appearance and environmental sanitation.

1. Paragraph 2 of Article 22 is amended as: "No unit or individual may scribble or depict on urban buildings, facilities and trees. Units and individuals that display and post promotional materials on urban buildings and facilities must be approved by the administrative department of city appearance and environmental sanitation or other relevant departments. "

2. Amend the first paragraph of Article 28 to read: "It is forbidden to raise chickens, ducks, geese, rabbits, sheep, pigs and other livestock and poultry in cities and towns; Except for special needs such as teaching and scientific research. "

(seven) to amend the "Regulations on the administration of seismic fortification requirements and seismic safety evaluation of construction projects in Xining City"

1. In the first item of Article 5, the phrase "examined and approved by the national or provincial competent department for seismic work" is amended as "examined and approved by a third-party technical testing institution".

2. Delete Article 12.

3 thirteenth to twelfth, and "should hold the corresponding qualification certificate issued by the state" is amended as "should have the business conditions stipulated in the Regulations on the Administration of Earthquake Safety Evaluation in Qinghai Province".

4 fourteenth to thirteenth, delete the first paragraph.

5. Article 15 is renumbered as Article 14 and amended as: "The seismic safety evaluation unit shall conduct seismic safety evaluation in accordance with relevant national technical specifications, and prepare the seismic safety evaluation report. The information and related data used should be true, accurate and comprehensive, and keep the business secrets and technical secrets of the seismic safety evaluation for the construction unit. "

6. Article 19 is renumbered as Article 18 and amended as: "If a unit that violates the provisions of these Regulations and does not have the conditions to undertake the seismic safety evaluation business undertakes the seismic safety evaluation business, the competent department of seismic work shall confiscate its illegal income and impose a fine ranging from 1 10,000 yuan to 50,000 yuan."

7. Article 20 is changed to Article 19 and amended as: "In violation of the provisions of these Regulations, if an earthquake safety evaluation unit commits any of the following acts, the municipal or county administrative department of earthquake work shall order it to make corrections, confiscate its illegal income and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan:

"(a) to undertake seismic safety evaluation business in the name of other seismic safety evaluation units;

"(2) allowing other units to undertake seismic safety evaluation business in the name of their own units."

(eight) to amend the "Regulations" of Xining city landscaping management.

1. Paragraph 2 of Article 13 is amended as: "The land within the urban green line shall not be used for other purposes, nor shall it be developed and constructed in violation of laws, regulations, mandatory standards and approved plans. The relevant departments shall not, in violation of the provisions, approve the construction within the scope of the urban green line. If it is necessary to temporarily occupy the land in the urban green line due to construction or other special circumstances, the relevant examination and approval procedures must be handled according to law. "

2. Delete Article 14.

3 by deleting sixteenth, twenty-seventh and thirty-fifth.

4. Article 19 is renumbered as Article 17 and amended as: "The design of urban greening projects shall be entrusted to design units with corresponding qualification certificates.

"The design scheme of the affiliated greening project of the construction project must be examined and approved by the landscaping administrative department in accordance with the basic construction procedures.

"The construction unit must carry out the construction in accordance with the approved design scheme. When the design plan really needs to be changed, it must be approved by the original approval authority. "

5. Article 30 is renumbered as Article 27 and amended as: "When it is necessary to prune trees in order to ensure the safe use of pipelines, pruning shall be carried out in accordance with the principle of giving consideration to the safe use of pipelines and the normal growth of trees. The line management unit shall notify the tree management unit to be responsible for pruning, and the pruning expenses shall be borne by the line management unit.

"When the inclination of trees endangers the safety of pipelines due to force majeure, the pipeline management unit may straighten or cut down trees first, and shall report to the municipal landscaping administrative department and the green space management unit in a timely manner."

6. Article 31 is renumbered as Article 28 and amended as: "The landscaping administrative department shall strictly protect and manage ancient and famous trees in accordance with the relevant provisions, establish archives and signs of ancient and famous trees, and designate units and personnel for maintenance and management. It is forbidden for any unit or individual to cut, migrate and trim ancient and famous trees without authorization. "

7. Article 37 is renumbered as Article 33 and amended as: "If the design scheme of the affiliated greening project of a construction project is not approved or the construction is not carried out in accordance with the approved design scheme, the landscaping administrative department shall order it to stop construction, make corrections within a time limit or take other remedial measures."

(nine) to amend the "Regulations" of Xining city archives management.

1. Paragraph 2 of Article 25 is amended as: "Archives that are not owned by the state may be deposited or sold by the archives owner in the National Archives; It is strictly forbidden to sell or give away to foreigners or foreign organizations. "

2. Paragraph 2 of Article 37 is amended as: "(2) Selling or giving away archives to foreigners or foreign organizations."