Decision of the Standing Committee of Zhuhai Municipal People's Congress on Amending the Regulations of Zhuhai Municipality on Environmental Protection and the Regulations of Zhuhai Municipality on En

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

(1) Amending the "competent department of environmental protection" in the text of the regulations to be the "competent department of ecological environment" and the "administrative law enforcement department of urban management" to be the "department of urban management and comprehensive law enforcement".

(2) The term "living environment and ecological environment" in Article 1 is changed to "environment".

(3) Article 3 is amended as: "The environment mentioned in these Regulations refers to the totality of natural and artificially modified natural factors that affect human survival and development, including atmosphere, water, ocean, land, mineral deposits, forests, wetlands, wildlife, natural relics, cultural relics, nature reserves, scenic spots, cities and villages."

(4) The "competent department of environmental protection at the corresponding level" in the first paragraph of Article 5 is amended as "competent department of ecological environment". Delete "during the term of office" in the first paragraph and "during the term of office" in the second paragraph.

(5) Paragraph 2 of Article 6 is deleted.

(6) Article 7 is amended as: "The relevant administrative departments of the government, such as natural resources, construction, public security, market supervision, water supply, health, agriculture and rural areas, transportation, etc., shall do a good job in environmental protection according to law within the scope of their duties."

(7) the term "urban planning" in article 8 is amended as "land and space planning".

(8) Paragraph 2 of Article 13 is deleted.

the third paragraph is changed to the second paragraph, which is amended as: "Environmental protection shall be incorporated into the national economic and social development plan and the land and space plan. Environmental protection planning should be linked with the content of land and space planning. "

(9) amend the "overall urban planning" in article 17 to "land and space planning".

(1) Paragraph 2 of Article 18 is amended as: "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 limited time. During the period of comprehensive improvement, the competent department of ecological environment shall suspend the examination and approval of the environmental impact assessment documents of construction projects that increase the total discharge of pollutants in the region or have a greater impact on the ecological environment. "

(11) Article 19 is amended as: "The municipal competent department of ecological environment is responsible for monitoring the environmental quality and pollution sources in the whole city, monitoring according to the national technical specifications for environmental monitoring, and building an environmental monitoring network."

(12) The "competent department of environmental protection" in the first paragraph of Article 2 is amended as "municipal competent department of ecological environment".

(13) The term "environmental impact assessment institution" in the first paragraph of Article 25 is amended as "environmental impact assessment document preparation unit".

in the second paragraph, "the competent department of environmental protection and the competent department of marine administration" is amended as "the competent department of ecological environment".

(14) the third paragraph of article 27 is amended as: "the municipal people's government may, according to the environmental quality of this municipality, request the provincial people's government to formulate the discharge standards of major pollutants for key industries in this municipality according to law."

(15) The term "competent department of environmental protection in the district where it is located" in the second paragraph of Article 3 is amended as "competent department of ecological environment".

(16) Paragraph 2 of Article 31 is amended as: "Relevant units engaged in acts that may cause major environmental pollution or ecological damage shall conduct environmental risk assessment, improve environmental risk prevention and control measures, organize investigation and rectification of potential environmental risks, formulate and revise environmental emergency plans, equip relevant emergency equipment and materials, and conduct emergency drills."

(XVII) The term "competent department of environmental protection and its environmental monitoring agency" in the first paragraph of Article 33 is amended as "competent department of ecological environment".

(18) The first paragraph of Article 36 is amended as: "When a construction unit discharges noise to the surrounding environment, it shall comply with the noise emission standards at the construction site stipulated by the state; The competent department of ecological environment, urban management and comprehensive law enforcement departments shall, in accordance with their respective duties, strengthen the supervision and inspection of construction noise. If the noise emission standard at the boundary of construction site is exceeded, the construction unit shall be ordered to take effective measures to control it. "

(XIX) Article 39 is amended as: "Where noise-sensitive construction projects such as houses are built on both sides of existing urban traffic trunk lines, the development and construction units shall keep a certain distance apart according to state regulations and take effective noise control measures."

(2) Article 43 is amended as: "In the area where noise-sensitive buildings are concentrated, the production and business operation units that seriously disturb the people must negotiate with the units and residents' organizations that are polluted by them, take measures to adjust the production and business operation time and other compensation measures, and report the agreement reached to the local competent department of ecological environment for the record."

(XXI) Paragraph 2 of Article 44 is amended as: "Units engaged in the collection, storage, utilization and disposal of hazardous wastes shall obtain a hazardous waste business license."

(22) delete article 45.

(XXIII) delete article 48.

(XXIV) article 49 is changed to article 47, which is amended as: "this municipality promotes the classified delivery, collection, transportation, treatment and comprehensive utilization of urban and rural garbage. The municipal and district people's governments shall take active measures to gradually improve the construction of garbage disposal facilities and realize the classified treatment of urban and rural garbage. "

(25) article 51 is renumbered as article 49, which is amended as: "it is forbidden to burn asphalt, linoleum, rubber, plastics, leather, construction waste, garbage, wires and cables, electronic waste and other substances that produce toxic and harmful smoke and odor in non-designated places."

(XXVI) Article 57 is renumbered as Article 55, and the third paragraph is amended as: "If a motor vehicle that emits black smoke or other obviously visible pollutants on the road is confirmed to exceed the standard by electronic equipment such as remote sensing detection and black smoke vehicle snapshot, it shall be investigated and dealt with by the traffic management department of the public security organ."

Paragraph 4 is amended as: "Relevant departments such as transportation, market supervision, industry and information technology shall supervise and manage motor vehicle exhaust pollution according to their statutory duties."

(XXVII) article 58 is changed to article 56, and "quality supervision" in the first paragraph is changed to "market supervision".

(XXVIII) Article 6 is changed to Article 58, and the first paragraph is amended as: "Motor vehicle emission inspection and testing institutions that provide notarized data to the society must be metrological certified by the market supervision department according to law."

Paragraph 2 is amended as: "The competent department of ecological environment and the market supervision department shall, according to their respective responsibilities, supervise and inspect the emission inspection of motor vehicle emission inspection institutions."

(XXIX) article 67 is renumbered as article 65, which is amended as: "in drinking water source protection areas, important fishery waters, coastal scenic spots, bays, semi-enclosed seas and other waters of special value designated by the municipal people's government, it is forbidden to set up sewage outlets and discharge sewage. Other coastal waters shall strictly limit the setting of sewage outlets in accordance with the plan; Where sewage is discharged, the relevant discharge standards shall be implemented. "

(3) change article 79 into article 77, and the second paragraph is amended as: "Hunting and killing of wild birds and wild animals under protection are prohibited to maintain biodiversity and ecological balance."

(31) change article 84 to article 82, and delete the expression of "franchising" in the first paragraph.

(32) article 86 is renumbered as article 84, which is amended as: "in tourist areas, parks and bathing beaches, it is forbidden to build construction projects or facilities that have a negative impact on the environment, and it is forbidden to build buildings and structures unrelated to tourism or viewing. The planning and construction of nature reserves and scenic spots shall be implemented in accordance with the provisions of relevant laws and regulations. "

(33) change article 88 to article 86, and the "administrative responsibility" in the first paragraph is changed to "responsibility".

(34) Article 89 is changed into Article 87, which is amended as: "In violation of the provisions of the second paragraph of Article 2 of these regulations, those who illegally leave idle, dismantle, refit or damage the automatic monitoring equipment of pollution sources or intentionally change the automatic monitoring system to obtain data, or fail to report the failure of the automatic monitoring equipment, the competent department of ecology and environment shall order them to make corrections and impose a fine of not less than 5, yuan but not more than 2, yuan; Overdue correction, shall be ordered to suspend production for rectification; Those who are responsible for causing environmental pollution and ecological damage shall also be jointly and severally liable with other persons responsible for causing environmental pollution and ecological damage. "

(35) article 91 is changed to article 89, which is amended as: "in violation of the provisions of article 22 of these regulations, an environmental management ledger is not established according to law, or relevant matters are not specified, 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 2, yuan but not more than 2, yuan; If it is not corrected within the time limit, it shall be ordered to stop production for rectification. "

(36) article 93 is changed to article 91, which is amended as: "whoever violates the provisions of article 29 of these regulations and fails to comply with relevant regulations and technical specifications and standards for environmental protection to set up sewage outlets shall be punished according to law; Without the consent of the competent department of ecological environment, if the sewage outlet and its signs and sampling and flow measurement facilities are changed, the competent department of ecological environment shall order it to make corrections and impose a fine of not less than 5, yuan but not more than 1, yuan. "

(37) change article 94 to article 92, and delete the second paragraph.

(38) article 95 is renumbered as article 93, which is amended as: "in violation of the provisions of paragraph 2 of article 33 of these regulations, those who refuse to supervise and inspect or provide false information when accepting supervision and inspection shall be punished by the competent department of ecological environment and other departments responsible for environmental protection supervision and management in accordance with the provisions of relevant laws, regulations and rules."

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

(4) Article 99 is renumbered as Article 97 and amended as: "Whoever, in violation of the provisions of the third paragraph of Article 44 of these Regulations, uses places and facilities that do not meet the relevant environmental protection requirements to pile up, store and dispose of solid waste, the competent department of ecology and environment shall order him to make corrections within a time limit and impose a fine of not less than 1, yuan but not more than 1, yuan."

(41) delete article 1th.

(42) Article 11 is changed to Article 98, which is amended as: "Whoever transfers hazardous wastes in violation of the provisions of Article 46 of these regulations and fails to comply with the transfer manifest system shall be ordered by the competent department of ecology and environment to stop the illegal act, make corrections within a time limit, and be fined not less than 1, yuan but not more than 1 million yuan."

(43) delete article 12nd.

(44) article 14 is renumbered as article 1 and amended as: "whoever, in violation of the provisions of article 49 of these regulations, burns asphalt, linoleum, rubber, plastics, leather, construction waste, garbage, wires and cables, electronic waste and other substances that produce toxic and harmful smoke and odor in non-designated places shall be ordered to make corrections by the urban management and comprehensive law enforcement departments, and the unit shall be fined not less than 1, yuan but not more than 1, yuan.

(45) article 15 is renumbered as article 11, which is amended as: "whoever, in violation of the provisions of article 51 of these regulations, produces or burns coal (including coal products with coal as the main raw material), heavy oil and other highly polluting fuels determined by the state or province in the highly polluting fuel no-burn zone designated by the municipal people's government, shall be ordered by the competent department of ecology and environment to make corrections within a time limit and be fined not less than 2, yuan but not more than 2, yuan."

(46) change article 17 to article 13, and the "administrative department for industry and commerce" in the article is changed to "market supervision department".

(47) article 18 is renumbered as article 14, which is amended as: "if a motor vehicle emission inspection and testing institution that provides notarized data for the society fails to obtain metrological certification in violation of the provisions of the first paragraph of article 58 of these regulations, it shall be punished by the administrative departments such as market supervision in accordance with the provisions of relevant laws, regulations and rules."

(48) article 111 is changed to article 17, which is amended as: "in violation of the provisions of article 64 of these regulations, the urban management and comprehensive law enforcement department shall order it to make corrections and give it a warning; If no correction is made within the time limit or serious consequences are caused, a fine of not less than 1, yuan but not more than 2, yuan shall be imposed on the unit, and a fine of not less than 2, yuan but not more than 1, yuan shall be imposed on the individual; If losses are caused, they shall be liable for compensation according to law. "

(49) article 112 is changed to article 18, which is amended as: "those who set up sewage outlets in violation of the provisions of article 65 of these regulations shall be punished according to law; If there are no provisions in relevant laws and administrative regulations, the local people's government shall order it to close down or dismantle it within a time limit. "

(5) change article 115th to article 111th, and the words "planning, land" in the provisions are changed to "natural resources".

(51) change article 116th to article 112th, and delete item 3 of paragraph 1.

In addition, the order of articles should be adjusted accordingly.