Chapter II Supervision and Administration of Prevention and Control of Radioactive Pollution
Chapter III Prevention and Control of Radioactive Pollution in Nuclear Facilities
Chapter IV Prevention and Control of Radioactive Pollution by Nuclear Technology
Chapter V Prevention and Control of Radioactive Pollution in the Development and Utilization of Uranium (Thorium) Mines and Associated Radioactive Mines
Chapter VI Management of Radioactive Waste
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions Article 1
This Law is formulated in order to prevent and control radioactive pollution, protect the environment, safeguard human health and promote the development and peaceful use of nuclear energy and nuclear technology.
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This Law is applicable to the site selection, construction, operation and decommissioning of nuclear facilities, and the prevention and control of radioactive pollution during the development and utilization of nuclear technology, uranium (thorium) mines and associated radioactive mines in People's Republic of China (PRC) and other sea areas under its jurisdiction.
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The state implements the policy of putting prevention first, combining prevention with control, strict management and safety first in the prevention and control of radioactive pollution.
Article 4
The state encourages and supports scientific research and technological development and utilization in the prevention and control of radioactive pollution, and promotes advanced technologies for the prevention and control of radioactive pollution.
The state supports international exchanges and cooperation in the prevention and control of radioactive pollution.
Article 5
People's governments at or above the county level shall incorporate the prevention and control of radioactive pollution into environmental protection planning.
The people's governments at or above the county level shall organize and carry out targeted publicity and education on the prevention and control of radioactive pollution, so that the public can understand the relevant situation and scientific knowledge on the prevention and control of radioactive pollution.
Article 6
Any unit or individual has the right to report and accuse acts that cause radioactive pollution.
Article 7
Units and individuals that have made remarkable achievements in the prevention and control of radioactive pollution shall be rewarded by the people's governments at or above the county level.
Article 8
The competent administrative department of environmental protection of the State Council shall, in accordance with the law, exercise unified supervision and management over the prevention and control of radioactive pollution throughout the country.
The administrative department of health of the State Council and other relevant departments shall, in accordance with the responsibilities stipulated by the State Council, supervise and manage the prevention and control of radioactive pollution according to law. Article 9
The national standards for the prevention and control of radioactive pollution shall be formulated by the competent administrative department of environmental protection of the State Council according to the requirements of environmental safety and the national economic and technical conditions. The national standard for the prevention and control of radioactive pollution was jointly issued by the competent administrative department of environmental protection of the State Council and the competent administrative department of standardization of the State Council.
Article 10
The state establishes a radioactive pollution monitoring system. The competent administrative department of environmental protection of the State Council shall, jointly with other relevant departments of the State Council, organize an environmental monitoring network to monitor and manage radioactive pollution.
Article 11
The competent administrative department of environmental protection in the State Council and other relevant departments in the State Council shall, in accordance with the division of responsibilities, carry out their duties, exchange information and cooperate closely to supervise and inspect the prevention and control of radioactive pollution in the development and utilization of nuclear facilities and uranium (thorium) mines.
The competent administrative department of environmental protection of the local people's government at or above the county level and other relevant departments at the same level shall, in accordance with the division of responsibilities, carry out their duties, exchange information and cooperate closely to supervise and inspect the prevention and control of radioactive pollution in the utilization of nuclear technology and the development and utilization of associated radioactive mines in their respective administrative areas.
When conducting on-site inspection, the supervision and inspection personnel shall show their certificates. The units under inspection must truthfully report the situation and provide necessary information. Supervisors and inspectors shall keep technical secrets and business secrets for the units under inspection. When inspecting units and parts involving state secrets, they shall abide by the relevant provisions of the state on guarding state secrets and go through the relevant examination and approval procedures according to law.
Article 12
Nuclear facilities operating units, nuclear technology utilization units, uranium (thorium) mines and associated radioactive mines development and utilization units are responsible for the prevention and control of radioactive pollution in their own units, accept the supervision and management of the competent administrative department of environmental protection and other relevant departments, and assume responsibility for the radioactive pollution caused by them according to law.
Article 13
Nuclear facilities operating units, nuclear technology utilization units, uranium (thorium) mines and associated radioactive mines development and utilization units must take safety protection measures to prevent various accidents that may lead to radioactive pollution and avoid the harm of radioactive pollution.
Units operating nuclear facilities, using nuclear technology, and developing and utilizing uranium (thorium) mines and associated radioactive mines shall educate and train their staff on radioactive safety and take effective safety protection measures.
Article 14
The state implements a qualification management system for professionals engaged in the prevention and control of radioactive pollution; Implement a qualification management system for institutions engaged in radioactive pollution monitoring.
Article 15
When transporting radioactive substances and radiation devices containing radioactive sources, effective measures should be taken to prevent radioactive pollution. Specific measures shall be formulated by the State Council.
Article 16
Radioactive substances and radiation devices shall have obvious radioactive labels and warning instructions in Chinese. Places where radioactive substances and radiation devices are produced, sold, used, stored and disposed of, as well as tools for transporting radioactive substances and radiation devices containing radioactive sources, shall be provided with obvious radioactive signs.
Article 17
Products containing radioactive substances shall meet the national standards for the prevention and control of radioactive pollution; Those that do not meet the national standards for the prevention and control of radioactive pollution shall not leave the factory or be sold.
The use of associated radioactive slag and stone containing natural radioactive substances as building and decoration materials shall conform to the national radionuclide control standards for building materials. Article 18
The location of nuclear facilities shall be scientifically demonstrated and the examination and approval procedures shall be handled in accordance with the relevant provisions of the state. Before going through the examination and approval procedures for the location of nuclear facilities, an environmental impact report shall be prepared and submitted to the competent administrative department of environmental protection of the State Council for examination and approval; Without approval, the relevant departments shall not handle the approval documents for the location of nuclear facilities.
Article 19
Before the construction, loading, operation and decommissioning of nuclear facilities, the operating units of nuclear facilities must apply for the license for the construction and operation of nuclear facilities in accordance with the provisions of the State Council on the safety supervision and management of nuclear facilities, and go through the formalities for examination and approval of loading and decommissioning.
Nuclear facilities operating units can only carry out corresponding construction, loading, operation, retirement and other activities after obtaining relevant licenses or approval documents.
Article 20
Before applying for the construction and operation license of nuclear facilities and going through the formalities for examination and approval of decommissioning, the operating unit of nuclear facilities shall prepare an environmental impact report and report it to the competent administrative department of environmental protection of the State Council for examination and approval; Without approval, the relevant departments shall not issue licenses and handle approval documents.
Article 21
Radioactive pollution prevention and control facilities supporting nuclear facilities shall be designed, constructed and put into use at the same time as the main project.
Radioactive pollution prevention and control facilities shall be accepted at the same time as the main project; After the acceptance, the main project can be put into production or use.
Article 22
The import of nuclear facilities shall conform to the national standards for the prevention and control of radioactive pollution; Where there is no corresponding national standard for the prevention and control of radioactive pollution, relevant foreign standards designated by the competent administrative department of environmental protection of the State Council shall be adopted.
Article 23
The peripheral areas of nuclear power plants and other important nuclear facilities should be designated as planning restricted areas. Measures for the delineation and management of planning restricted areas shall be formulated by the State Council.
Article 24
Operating units of nuclear facilities shall monitor the types and concentrations of radionuclides contained in the surrounding environment of nuclear facilities and the total amount of radionuclides in the effluent of nuclear facilities, and regularly report the monitoring results to the competent administrative department of environmental protection of the State Council and the competent administrative department of environmental protection of the local people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The competent administrative department of environmental protection of the State Council is responsible for the supervision and monitoring of nuclear power plants and other important nuclear facilities, and monitoring the effluents of other nuclear facilities as required. The construction, operation and maintenance expenses of the supervision and monitoring system shall be arranged by the financial budget.
Article 25
The operating units of nuclear facilities shall establish and improve the security system, strengthen the security work, and accept the supervision and guidance of the public security department.
The operating units of nuclear facilities shall, according to the scale and nature of nuclear facilities, formulate emergency plans for nuclear accidents and make emergency preparations.
In the event of a nuclear accident emergency, the operating unit of nuclear facilities must immediately take effective emergency measures to control the accident and report to the competent department of nuclear facilities, the competent administrative department of environmental protection, the competent administrative department of health, the public security department and other relevant departments.
Article 26
The state establishes and improves the emergency system for nuclear accidents.
The competent department of nuclear facilities, the competent administrative department of environmental protection, the competent administrative department of health, the public security department and other relevant departments shall, under the organization and leadership of the people's government at the corresponding level, do a good job in nuclear accident emergency work according to their respective responsibilities.
The China People's Liberation Army and the Chinese People's Armed Police Force provided effective support in nuclear accident emergency according to the relevant regulations of the State Council and the Central Military Commission.
Article 27
The operating unit of nuclear facilities shall formulate the decommissioning plan of nuclear facilities.
The decommissioning expenses of nuclear facilities and radioactive waste disposal expenses shall be accrued and included in the investment budget or production cost. Measures for the extraction and management of decommissioning expenses of nuclear facilities and radioactive waste disposal expenses shall be formulated by the finance department and price department of the State Council in conjunction with the administrative department of environmental protection of the State Council and the competent department of nuclear facilities. Article 28
Units that produce, sell and use radioisotopes and radiation devices shall apply for licenses and go through the registration formalities in accordance with the State Council's Regulations on Radiation Protection of Radioisotopes and Radiation Devices.
Units that transfer or import radioisotopes and radiation devices and units equipped with radioisotope instruments shall go through the relevant formalities in accordance with the State Council's Regulations on Radiation Protection of Radioisotopes and Radiation Devices.
Article 29
Units that produce, sell and use radioisotopes, accelerators, neutron generators and radiation devices containing radioactive sources shall, before applying for permission, prepare environmental impact assessment documents and submit them to the competent administrative department of environmental protection of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval; Without approval, the relevant departments shall not issue licenses.
The state establishes a radioactive isotope filing system. Specific measures shall be formulated by the State Council.
Article 30
Radiation protection facilities newly built, rebuilt and expanded in radiation workplaces shall be designed, constructed and put into use at the same time as the main project.
Radiation protection facilities shall be accepted at the same time as the main project; After the acceptance, the main project can be put into production or use.
Article 31
Radioisotopes shall be stored separately and shall not be mixed with inflammable, explosive and corrosive substances. Effective safety protection measures should be taken in storage places to prevent fire, theft and radiation leakage, and special personnel should be appointed to take care of them. When storing, receiving, using and returning radioactive isotopes, registration and inspection shall be carried out to ensure that the accounts are consistent.
Article 32
Units that produce and use radioisotopes and radiation devices shall collect, package and store the radioactive wastes they produce in accordance with the provisions of the competent administrative department of environmental protection of the State Council.
Radioactive source production units shall recycle waste radioactive sources in accordance with the provisions of the competent administrative department of environmental protection of the State Council; Units that use radioactive sources shall, in accordance with the provisions of the administrative department of environmental protection of the State Council, return the waste radioactive sources to the units that generate radioactive sources or send them to the units that specialize in the storage and disposal of radioactive solid wastes.
Article 33
Units that produce, sell, use and store radioactive sources shall establish and improve the safety system, designate special persons to be responsible, implement the safety responsibility system and formulate necessary emergency measures for accidents. In case of loss, theft and radioactive pollution accidents of radioactive sources, the relevant units and individuals must immediately take emergency measures and report to the public security department, the health administrative department and the environmental protection administrative department.
The public security department, the administrative department of public health and the administrative department of environmental protection shall immediately organize their forces to take effective measures according to their respective responsibilities to prevent the spread of radioactive pollution and reduce accident losses after receiving reports of radioactive sources being lost, stolen and contaminated. The local people's government shall timely inform the public of the situation and do a good job in accident investigation and handling. Article 34
Units that develop, utilize or close uranium (thorium) mines shall, before applying for a mining license or going through the formalities for examination and approval of decommissioning, prepare an environmental impact report and submit it to the competent administrative department of environmental protection of the State Council for examination and approval.
Units that develop and utilize associated radioactive mines shall, before applying for a mining license, prepare an environmental impact report and report it to the competent administrative department of environmental protection of the people's government at or above the provincial level for examination and approval.
Article 35
Facilities for the prevention and control of radioactive pollution supporting the development and utilization of uranium (thorium) mines and associated radioactive mines shall be designed, constructed and put into use at the same time as the main project.
Radioactive pollution prevention and control facilities shall be accepted at the same time as the main project; After the acceptance, the main project can be put into production or use.
Article 36
Units that develop and utilize uranium (thorium) mines shall monitor the effluent of uranium (thorium) mines and the surrounding environment, and regularly report the monitoring results to the competent administrative department of environmental protection of the State Council and the competent administrative department of environmental protection of the local people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 37 For uranium
Tailings produced during the development and utilization of thorium mines and associated radioactive mines shall be built into tailings ponds for storage and disposal; The tailings pond under construction shall meet the requirements for the prevention and control of radioactive pollution.
Article 38
Units that develop and utilize uranium (thorium) mines shall make plans for decommissioning uranium (thorium) mines. The decommissioning expenses of uranium mines are arranged by the state budget. Article 39
Nuclear facilities operating units, nuclear technology utilization units, uranium (thorium) mines and associated radioactive mines development and utilization units shall rationally select and utilize raw materials, adopt advanced production technologies and equipment, and minimize the generation of radioactive waste.
Article 40
The discharge of radioactive waste gas and waste liquid into the environment must conform to the national standards for the prevention and control of radioactive pollution.
Article 41
Units that produce radioactive waste gas and waste liquid shall report to the competent administrative department of environmental protection that has approved the environmental impact assessment document of radioactive nuclide emission when discharging radioactive waste gas and waste liquid into the environment, and regularly report the emission measurement results.
Article 42
Units that produce radioactive waste liquid must treat or store radioactive waste liquid that is not allowed to be discharged into the environment in accordance with the requirements of the national standards for the prevention and control of radioactive pollution.
Units that produce radioactive waste liquid must discharge radioactive waste liquid into the environment in accordance with the national standards for the prevention and control of radioactive pollution in the way prescribed by the competent administrative department of environmental protection of the State Council.
It is forbidden to use seepage wells, pits, natural cracks, caves or other ways prohibited by the state to discharge radioactive waste liquid.
Article 43
Low-and medium-level radioactive solid waste should be disposed of near the surface in areas that meet national regulations.
High-level radioactive solid waste is concentrated for deep geological disposal.
Alpha radioactive solid waste shall be disposed of in accordance with the provisions of the preceding paragraph.
It is forbidden to dispose of radioactive solid waste in inland waters and oceans.
Article 44
The competent department of nuclear facilities in the State Council shall, jointly with the competent administrative department of environmental protection in the State Council, work out the site selection scheme of radioactive solid waste disposal site on the basis of environmental impact assessment according to the geological conditions and the needs of radioactive solid waste disposal, and submit it to the State Council for approval before implementation.
The relevant local people's governments shall, according to the site selection planning of radioactive solid waste disposal sites, provide the construction land for radioactive solid waste disposal sites and take effective measures to support radioactive solid waste disposal.
Article 45
Units that produce radioactive solid waste shall, in accordance with the provisions of the competent administrative department of environmental protection of the State Council, treat the radioactive solid waste produced by them and hand it over to the radioactive solid waste disposal unit for disposal, and bear the disposal expenses.
Measures for the administration of the collection and use of radioactive solid waste disposal fees shall be formulated by the finance department of the State Council and the price department in conjunction with the environmental protection administrative department of the State Council.
Article 46
The establishment of a unit specializing in the storage and disposal of radioactive solid waste must be examined and approved by the competent administrative department of environmental protection of the State Council, and a license must be obtained. Specific measures shall be formulated by the State Council.
It is forbidden to engage in the storage and disposal of radioactive solid waste without permission or in accordance with the relevant provisions of the license.
It is forbidden to provide or entrust radioactive solid waste to unqualified units for storage and disposal.
Article 47
It is forbidden to import radioactive wastes and articles contaminated by radioactive materials into People's Republic of China (PRC) or transfer them from People's Republic of China (PRC). Article 48
The supervisory and administrative personnel for the prevention and control of radioactive pollution, who, in violation of the law, take advantage of their positions to accept other people's property, seek other benefits, or neglect their duties, commit any of the following acts, shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Issuing licenses and handling approval documents to units that do not meet the statutory requirements;
(2) Failing to perform the duties of supervision and management according to law;
(three) found illegal acts will not be investigated.
Article 49
Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the competent administrative department of environmental protection of the people's government at or above the county level or other relevant departments to make corrections within a time limit according to their functions and powers, and may be fined not more than 20,000 yuan:
(a) failing to report the relevant environmental monitoring results in accordance with the provisions;
(2) refusing the on-site inspection by the competent administrative department of environmental protection and other relevant departments, or failing to truthfully reflect the situation and provide necessary information when being inspected.
Article 50
Anyone who, in violation of the provisions of this Law, fails to prepare an environmental impact assessment document or engages in construction, operation, production and use without the approval of the competent administrative department of environmental protection shall be ordered by the competent administrative department of environmental protection that approved the environmental impact assessment document to stop the illegal act, complete the formalities within a time limit or restore to the original state, and be fined between 10,000 yuan and 200,000 yuan.
Article 51
If, in violation of the provisions of this Law, radioactive pollution prevention facilities and radiation protection facilities are not built, or the prevention facilities fail to pass the inspection and acceptance, and the main project is put into production or use, the competent administrative department of environmental protection that examines and approves the environmental impact assessment documents shall order it to stop the illegal act, make corrections within a time limit, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan.
Article 52
In violation of the provisions of this law, nuclear facilities operating units engage in nuclear facilities construction, charging, operation and decommissioning activities without permission or approval, and the competent administrative department of environmental protection of the State Council shall order them to stop illegal activities, make corrections within a time limit and impose a fine of more than 200,000 yuan and less than 500,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 53
Whoever, in violation of the provisions of this Law, produces, sells, uses, transfers, imports or stores radioactive isotopes and radiation devices and instruments containing radioactive isotopes shall be ordered by the competent administrative department of environmental protection of the people's government at or above the county level or other relevant departments to stop the illegal act and make corrections within a time limit according to their functions and powers; If it fails to make corrections within the time limit, it shall be ordered to suspend production or business or revoke its license; Illegal income, confiscate the illegal income; If the illegal income is more than 100,000 yuan, a fine of more than one time and less than five times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 1 00000 yuan, a fine of100000 yuan or more and100000 yuan or less shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 54
In violation of the provisions of this law, any of the following acts shall be ordered by the competent administrative department of environmental protection of the people's government at or above the county level to stop the illegal act, make corrections within a time limit and impose a fine; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Failing to build tailings ponds in accordance with the requirements for the prevention and control of radioactive pollution or failing to build tailings ponds in accordance with the requirements for the prevention and control of radioactive pollution, and storing and disposing the tailings of uranium (thorium) mines and associated radioactive mines;
(2) Discharging radioactive waste gas and waste liquid that are not allowed to be discharged into the environment;
(3) Failing to discharge radioactive waste liquid in the prescribed way, and discharging radioactive waste liquid by seepage wells, pits, natural cracks, caves or other ways prohibited by the state;
(4) failing to treat or store radioactive waste liquid that cannot be discharged into the environment in accordance with regulations;
(five) providing or entrusting radioactive solid waste to unqualified units for storage and disposal.
Whoever commits any of the acts mentioned in Items (1), (2), (3) and (5) of the preceding paragraph shall be fined100000 yuan but not more than 200000 yuan; Whoever commits the act in Item (4) of the preceding paragraph shall be fined 1 10,000 yuan or more10,000 yuan or less.
Article 55
In violation of the provisions of this law, any of the following acts shall be ordered by the competent administrative department of environmental protection of the people's government at or above the county level or other relevant departments to make corrections within a time limit according to their functions and powers; If it fails to make corrections within the time limit, it shall be ordered to stop production and business, and a fine of more than 20,000 yuan10,000 yuan shall be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) failing to set up radioactive labels, signs and Chinese warning instructions in accordance with the provisions;
(two) failing to establish and improve the safety system, formulate emergency plans or emergency measures in accordance with the provisions;
(3) Failing to report the loss, theft or radioactive pollution accident of radioactive sources as required.
Article 56
If a unit that produces radioactive solid waste fails to dispose of the radioactive solid waste it produces in accordance with the provisions of Article 45 of this Law, the competent administrative department of environmental protection that examines and approves the environmental impact assessment documents of the unit shall order it to stop the illegal act and make corrections within a time limit; If no correction is made within the time limit, a unit with disposal capacity shall be designated for disposal, and the required expenses shall be borne by the unit that produces radioactive solid waste, and a fine of not more than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 57
In violation of the provisions of this law, any of the following acts shall be ordered by the competent administrative department of environmental protection of the people's government at or above the provincial level to suspend production or business or revoke the license; Illegal income, confiscate the illegal income; If the illegal income is more than 100,000 yuan, a fine of more than one time and less than five times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 100,000 yuan, a fine of 50,000 yuan to 100,000 yuan shall be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) engaging in the storage and disposal of radioactive solid waste without permission;
(two) failing to engage in the storage and disposal of radioactive solid waste in accordance with the relevant provisions of the license.
Article 58
Those who import radioactive wastes and articles contaminated by radioactive substances into People's Republic of China (PRC) or transship them through People's Republic of China (PRC) shall be ordered by the customs to return the goods and be fined not less than 500,000 yuan but not more than 1 million yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 59
Those who cause damage to others due to radioactive pollution shall bear civil liability according to law. Article 60
The prevention and control of radioactive pollution of military facilities and equipment shall be supervised and managed by the State Council and the relevant competent departments of the army in accordance with the principles stipulated in this Law and the responsibilities stipulated by the State Council and the Central Military Commission (CMC).
Article 61
The prevention and control of occupational diseases caused by workers' exposure to radioactive substances in occupational activities shall be implemented in accordance with the provisions of the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases.
Article 62
The meanings of the following terms in this Law:
(1) Radioactive pollution refers to the appearance of radioactive substances or rays exceeding the national standards on the surface or inside of substances, human bodies, places and environmental media due to human activities.
(2) Nuclear facilities refer to nuclear power plants (nuclear power plants, nuclear thermal power plants and nuclear steam heating plants, etc.). ) and other reactors (research reactors, experimental reactors, critical devices, etc. ); Nuclear fuel production, processing, storage and reprocessing facilities; Radioactive waste treatment and disposal facilities.
(3) The utilization of nuclear technology refers to the use of sealed radioactive sources, unsealed radioactive sources and radiation devices in the fields of medical treatment, industry, agriculture, geological survey, scientific research and teaching.
(4) Radioisotopes refer to nuclides with the same atomic number but different mass that undergo radioactive decay in an element.
(5) Radioactive sources refer to solid radioactive substances that are permanently sealed in containers or tightly clad, except in the nuclear fuel cycle of research reactors and power reactors.
X-ray devices refer to X-ray machines, accelerators, neutron generators and devices containing radioactive sources.
(7) Associated radioactive mines refer to non-uranium mines (such as rare earth mines and phosphorite mines) with high concentration of natural radionuclides.
(8) Radioactive waste refers to waste containing or contaminated with radionuclides, whose concentration or specific activity is greater than the clean control level determined by the state, and which is expected to be no longer used.
Article 63 This Law shall come into force as of June 6, 2003.