(Adopted at the 11th meeting of the Standing Committee of the Seventh National People's Congress on December 26, 1989 and revised at the 8th meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2014)
catalogue
Chapter I General Provisions
Chapter II Supervision and Administration
Chapter III Protection and Improvement of the Environment
Chapter IV Prevention and Control of Pollution and Other Public Hazards
Chapter V Information Disclosure and Public Participation
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of protecting and improving the environment, preventing and controlling pollution and other public hazards, safeguarding public health, promoting the construction of ecological civilization, and promoting the sustainable development of economy and society.
Article 2 The term "environment" as used in this Law refers to the totality of various natural and artificially transformed natural factors that affect human survival and development, including the atmosphere, water, sea, land, mineral resources, forests, grasslands, wetlands, wildlife, natural relics, cultural relics, nature reserves, scenic spots, cities and villages, etc.
Article 3 This Law shall apply to the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.
Article 4 Environmental protection is the basic national policy of the country.
The State adopts economic and technical policies and measures conducive to the conservation and recycling of resources, the protection and improvement of the environment, and the promotion of harmony between human and nature, so as to coordinate economic and social development with environmental protection.
Article 5 Environmental protection shall adhere to the principles of giving priority to protection, giving priority to prevention, comprehensive treatment, public participation and responsibility for damage.
Article 6 All units and individuals have the obligation to protect the environment.
Local people's governments at all levels shall be responsible for the environmental quality of their respective administrative areas.
Enterprises, institutions and other producers and operators shall prevent and reduce environmental pollution and ecological damage, and shall be liable for the damage caused according to law.
Citizens should enhance their awareness of environmental protection, adopt a low-carbon and frugal lifestyle, and consciously fulfill their environmental protection obligations.
Article 7 The State supports the research, development and application of environmental protection science and technology, encourages the development of environmental protection industry, promotes the construction of environmental protection informatization, and improves the level of environmental protection science and technology.
Article 8 People's governments at all levels shall increase their financial investment in protecting and improving the environment, preventing and controlling pollution and other public hazards, and improve the efficiency of the use of financial funds.
Article 9 People's governments at all levels shall strengthen the publicity and popularization of environmental protection, encourage grass-roots mass autonomous organizations, social organizations and environmental protection volunteers to carry out the publicity of environmental protection laws and regulations and environmental protection knowledge, and create a good atmosphere for environmental protection.
Education administrative departments and schools should incorporate environmental protection knowledge into school education to cultivate students' awareness of environmental protection.
The news media should carry out publicity of environmental protection laws and regulations and environmental protection knowledge, and conduct public opinion supervision on environmental violations.
Article 10 The competent department of environmental protection under the State Council shall exercise unified supervision and management over the national environmental protection work; The competent environmental protection departments of the local people's governments at or above the county level shall exercise unified supervision and management over the environmental protection work in their respective administrative areas.
The relevant departments of the people's governments at or above the county level and the environmental protection departments of the armed forces shall, in accordance with the provisions of relevant laws, supervise and administer the environmental protection work such as the protection of resources and the prevention and control of pollution.
Article 11 The people's government shall award units and individuals that have made outstanding achievements in protecting and improving the environment.
Article 12 June 5 of each year is the Environment Day.
Chapter II Supervision and Administration
Article 13 People's governments at or above the county level shall incorporate environmental protection into their national economic and social development plans.
The competent department of environmental protection under the State Council shall, in conjunction with the relevant departments, formulate the national environmental protection plan in accordance with the national economic and social development plan, submit it to the State Council for approval and publish it for implementation.
The competent environmental protection department of the local people's government at or above the county level, in conjunction with the relevant departments, shall, in accordance with the requirements of the national environmental protection plan, compile the environmental protection plan for its administrative region, submit it to the people's government at the same level for approval and publish it for implementation.
The contents of the environmental protection plan shall include the objectives, tasks and safeguard measures of ecological protection and pollution prevention and control, and shall be linked with the main functional area plan, the overall land use plan and the urban and rural planning.
Article 14 The relevant departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall fully consider the impact on the environment and listen to the opinions of relevant parties and experts in formulating economic and technological policies.
Article 15 The competent department of environmental protection under the State Council shall formulate national environmental quality standards.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local environmental quality standards for items not specified in the national environmental quality standards; For projects that have been specified in the national environmental quality standards, local environmental quality standards that are stricter than the national environmental quality standards may be formulated. Local environmental quality standards shall be reported to the competent environmental protection department under the State Council for the record.
The State encourages research on environmental benchmarks.
Article 16 The competent environmental protection department under the State Council shall, in accordance with the national environmental quality standards and the national economic and technological conditions, formulate the national standards for the discharge of pollutants.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may establish local pollutant discharge standards for projects not specified in the national pollutant discharge standards; For items already specified in the national pollutant discharge standards, local pollutant discharge standards that are stricter than the national pollutant discharge standards may be formulated. Local pollutant discharge standards shall be reported to the competent environmental protection department under the State Council for the record.
Article 17 The State establishes and improves the environmental monitoring system. The competent department of environmental protection under the State Council formulates monitoring norms, organizes monitoring networks with relevant departments, uniformly plans the establishment of national environmental quality monitoring stations (points), establishes monitoring data sharing mechanisms, and strengthens the management of environmental monitoring.
The setting of various environmental quality monitoring stations (points) in relevant industries and specialties shall meet the requirements of laws and regulations and monitoring specifications.
The monitoring institution shall use monitoring equipment conforming to national standards and comply with monitoring specifications. The monitoring organization and its responsible person are responsible for the authenticity and accuracy of the monitoring data.
Article 18 People's governments at or above the provincial level shall organize relevant departments or entrust professional institutions to investigate and evaluate the environmental conditions, and establish a monitoring and early warning mechanism for the carrying capacity of environmental resources.
Article 19 In the preparation of relevant development and utilization plans and the construction of projects that have an impact on the environment, an environmental impact assessment shall be conducted according to law.
Development and utilization plans that have not been subject to environmental impact assessment according to law shall not be organized for implementation; Construction projects that have not been subject to environmental impact assessment according to law shall not be started.
Article 20 The State establishes a coordinated mechanism for the joint prevention and control of environmental pollution and ecological damage in key regions and river basins across administrative regions, and implements unified planning, unified standards, unified monitoring and unified prevention and control measures.
The prevention and control of environmental pollution and ecological damage across administrative regions other than those specified in the preceding paragraph shall be coordinated by the people's governments at higher levels or solved by the relevant local people's governments through consultation.
Article 21 The State adopts policies and measures in the fields of finance, taxation, price and government procurement to encourage and support the development of environmental protection industries such as environmental protection technology and equipment, comprehensive utilization of resources and environmental services.
Article 22 If enterprises, institutions and other producers and operators further reduce the discharge of pollutants on the basis that the discharge of pollutants meets the statutory requirements, the people's government shall encourage and support them by adopting financial, tax, price, government procurement and other policies and measures according to law.
Article 23 The people's government shall support enterprises, institutions and other producers and operators that change production, relocate or close down in accordance with relevant regulations in order to improve the environment.
Article 24 The competent environmental protection departments of the people's governments at or above the county level and their entrusted environmental supervision institutions and other departments responsible for environmental protection supervision and management have the right to conduct on-site inspections of enterprises, institutions and other producers and operators that discharge pollutants. The person under inspection shall truthfully report the situation and provide necessary information. The departments, institutions and their staff conducting on-site inspection shall keep business secrets for the inspected.
Article 25 Where enterprises, institutions and other producers and operators discharge pollutants in violation of the provisions of laws and regulations, causing or likely to cause serious pollution, the competent environmental protection departments of the people's governments at or above the county level and other departments responsible for environmental protection supervision and management may seal up and seize the facilities and equipment that cause the discharge of pollutants.
Article 26 The State implements the responsibility system for environmental protection objectives and the assessment and evaluation system. People's governments at or above the county level shall incorporate the completion of environmental protection objectives into the assessment of the departments and their responsible persons responsible for environmental protection supervision and management of the people's governments at the corresponding level and the people's governments at the lower levels and their responsible persons, as an important basis for their assessment and evaluation. The assessment results shall be made public.
Article 27 The people's government at or above the county level shall report annually to the people's congress at the corresponding level or the standing committee of the people's congress on the status of the environment and the completion of the environmental protection objectives, and shall timely report to the standing committee of the people's congress at the corresponding level on major environmental events, and accept supervision according to law.
Chapter III Protection and Improvement of the Environment
Article 28 Local people's governments at all levels shall take effective measures to improve environmental quality in accordance with environmental protection objectives and governance tasks.
The relevant local people's governments of key regions and river basins that fail to meet the national environmental quality standards shall formulate plans to meet the standards within a time limit and take measures to meet the standards on time.
Article 29 The State shall delimit ecological protection red lines in key ecological function areas, ecological environment sensitive areas and vulnerable areas and implement strict protection.
People's governments at all levels shall take measures to protect representative areas of various types of natural ecosystems, natural distribution areas of rare and endangered wild animals and plants, important water conservation areas, geological structures of great scientific and cultural value, famous karst caves and fossil distribution areas, glaciers, volcanoes, hot springs and other natural relics, as well as cultural relics, ancient trees and famous trees.
Article 30 In the development and utilization of natural resources, it is necessary to rationally develop, protect biological diversity, ensure ecological security, and formulate and implement relevant ecological protection, restoration and control plans according to law.
Measures should be taken to prevent the destruction of biological diversity in the introduction of exotic species and in the research, development and utilization of biotechnology.
Article 31 The State establishes and improves the ecological protection compensation system.
The state will increase the financial transfer payments to ecological protection areas. The relevant local people's governments shall implement the ecological protection compensation funds to ensure that they are used for ecological protection compensation.
The state guides the people's governments of the beneficiary areas and the ecological protection areas to carry out ecological protection compensation through consultation or in accordance with market rules.
Article 32 The State strengthens the protection of the atmosphere, water and soil, and establishes and improves the corresponding investigation, monitoring, evaluation and remediation systems.
Article 33 The people's governments at all levels shall strengthen the protection of the agricultural environment, promote the use of new technologies for agricultural environmental protection, strengthen the monitoring and early warning of agricultural pollution sources, and coordinate with the relevant departments to take measures to prevent and control soil pollution and land desertification, salinization, impoverishment, rocky desertification, land subsidence, as well as ecological imbalances such as vegetation destruction, soil erosion, water eutrophication, water source depletion, and species extinction, Promote the comprehensive control of plant diseases and insect pests.
The people's governments at the county and township levels should improve the level of public services for rural environmental protection and promote comprehensive improvement of the rural environment.
Article 34 The State Council and the people's governments at all levels in the coastal areas shall strengthen the protection of the marine environment. The discharge of pollutants, dumping of wastes into the sea, and the construction of coastal and marine projects shall comply with the provisions of laws and regulations and relevant standards to prevent and reduce pollution damage to the marine environment.
Article 35 Urban and rural construction shall combine the characteristics of the local natural environment, protect vegetation, water areas and natural landscapes, and strengthen the construction and management of urban gardens, green spaces and scenic spots.
Article 36 The State encourages and guides citizens, legal persons and other organizations to use products and renewable products that are conducive to environmental protection and reduce the generation of waste.
State organs and other organizations that use financial funds shall give priority to the procurement and use of products, equipment and facilities that are conducive to environmental protection, such as energy conservation, water conservation and material conservation.
Article 37 Local people's governments at all levels shall take measures to organize the classified treatment and recycling of domestic waste.
Article 38 Citizens shall abide by the laws and regulations on environmental protection, cooperate with the implementation of environmental protection measures, classify and place domestic waste according to the provisions, and reduce the damage to the environment caused by daily life.
Article 39 The State establishes and improves the system of environmental and health monitoring, investigation and risk assessment; Encourage and organize research on the impact of environmental quality on public health, and take measures to prevent and control diseases related to environmental pollution.
Chapter IV Prevention and Control of Pollution and Other Public Hazards
Article 40 The State promotes cleaner production and resource recycling.
The relevant departments of the State Council and local people's governments at all levels shall take measures to promote the production and use of clean energy.
Enterprises should give priority to the use of clean energy, adopt processes and equipment with high resource utilization rate and low pollutant discharge, as well as comprehensive utilization technology of waste and harmless treatment technology of pollutants to reduce the generation of pollutants.
Article 41 The facilities for prevention and control of pollution in construction projects shall be designed, constructed and put into operation at the same time as the main works. The facilities for prevention and control of pollution shall meet the requirements of the approved environmental impact assessment documents and shall not be dismantled or left idle without authorization.
Article 42 Enterprises, institutions and other producers and operators that discharge pollutants shall take measures to prevent and control the pollution and harm to the environment caused by waste gas, waste water, waste residue, medical waste, dust, malodorous gas, radioactive substances, noise, vibration, optical radiation, electromagnetic radiation, etc. generated in production, construction or other activities.
Enterprises and institutions that discharge pollutants shall establish an environmental protection responsibility system to clarify the responsibilities of the person in charge of the unit and relevant personnel.
Key pollutant discharging units shall install and use monitoring equipment in accordance with relevant national regulations and monitoring specifications, ensure the normal operation of monitoring equipment, and keep original monitoring records.
It is strictly prohibited to discharge pollutants illegally by means of concealed pipes, seepage wells, seepage pits, perfusion, or tampering with or falsifying monitoring data, or by means of avoiding supervision and control through abnormal operation of pollution prevention facilities.
Article 43 Enterprises, institutions and other producers and operators that discharge pollutants shall pay pollutant discharge fees in accordance with the relevant provisions of the State. All pollution discharge fees shall be used exclusively for the prevention and control of environmental pollution. No unit or individual may intercept, occupy or divert them for other purposes.
If environmental protection tax is levied in accordance with the provisions of the law, no pollution discharge fee will be levied.
Article 44 The State implements a system of total emission control of key pollutants. The total emission control indicators of key pollutants shall be issued by the State Council and implemented by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. While implementing the national and local standards for the discharge of pollutants, enterprises and institutions shall abide by the total amount control indicators for the discharge of key pollutants that are decomposed and implemented to their own units.
catalogue
Chapter I General Provisions
Chapter II Supervision and Administration
Chapter III Protection and Improvement of the Environment
Chapter IV Prevention and Control of Pollution and Other Public Hazards
Chapter V Information Disclosure and Public Participation
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of protecting and improving the environment, preventing and controlling pollution and other public hazards, safeguarding public health, promoting the construction of ecological civilization, and promoting the sustainable development of economy and society.
Article 2 The term "environment" as used in this Law refers to the totality of various natural and artificially transformed natural factors that affect human survival and development, including the atmosphere, water, sea, land, mineral resources, forests, grasslands, wetlands, wildlife, natural relics, cultural relics, nature reserves, scenic spots, cities and villages, etc.
Article 3 This Law shall apply to the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.
Article 4 Environmental protection is the basic national policy of the country.
The State adopts economic and technical policies and measures conducive to the conservation and recycling of resources, the protection and improvement of the environment, and the promotion of harmony between human and nature, so as to coordinate economic and social development with environmental protection.
Article 5 Environmental protection shall adhere to the principles of giving priority to protection, giving priority to prevention, comprehensive treatment, public participation and responsibility for damage.
Article 6 All units and individuals have the obligation to protect the environment.
Local people's governments at all levels shall be responsible for the environmental quality of their respective administrative areas.
Enterprises, institutions and other producers and operators shall prevent and reduce environmental pollution and ecological damage, and shall be liable for the damage caused according to law.
Citizens should enhance their awareness of environmental protection, adopt a low-carbon and frugal lifestyle, and consciously fulfill their environmental protection obligations.
Article 7 The State supports the research, development and application of environmental protection science and technology, encourages the development of environmental protection industry, promotes the construction of environmental protection informatization, and improves the level of environmental protection science and technology.
Article 8 People's governments at all levels shall increase their financial investment in protecting and improving the environment, preventing and controlling pollution and other public hazards, and improve the efficiency of the use of financial funds.
Article 9 People's governments at all levels shall strengthen the publicity and popularization of environmental protection, encourage grass-roots mass autonomous organizations, social organizations and environmental protection volunteers to carry out the publicity of environmental protection laws and regulations and environmental protection knowledge, and create a good atmosphere for environmental protection.
Education administrative departments and schools should incorporate environmental protection knowledge into school education to cultivate students' awareness of environmental protection.
The news media should carry out publicity of environmental protection laws and regulations and environmental protection knowledge, and conduct public opinion supervision on environmental violations.
Article 10 The competent department of environmental protection under the State Council shall exercise unified supervision and management over the national environmental protection work; The competent environmental protection departments of the local people's governments at or above the county level shall exercise unified supervision and management over the environmental protection work in their respective administrative areas.
The relevant departments of the people's governments at or above the county level and the environmental protection departments of the armed forces shall, in accordance with the provisions of relevant laws, supervise and administer the environmental protection work such as the protection of resources and the prevention and control of pollution.
Article 11 The people's government shall award units and individuals that have made outstanding achievements in protecting and improving the environment.
Article 12 June 5 of each year is the Environment Day.
Chapter II Supervision and Administration
Article 13 People's governments at or above the county level shall incorporate environmental protection into their national economic and social development plans.
The competent department of environmental protection under the State Council shall, in conjunction with the relevant departments, formulate the national environmental protection plan in accordance with the national economic and social development plan, submit it to the State Council for approval and publish it for implementation.
The competent environmental protection department of the local people's government at or above the county level, in conjunction with the relevant departments, shall, in accordance with the requirements of the national environmental protection plan, compile the environmental protection plan for its administrative region, submit it to the people's government at the same level for approval and publish it for implementation.
The contents of the environmental protection plan shall include the objectives, tasks and safeguard measures of ecological protection and pollution prevention and control, and shall be linked with the main functional area plan, the overall land use plan and the urban and rural planning.
Article 14 The relevant departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall fully consider the impact on the environment and listen to the opinions of relevant parties and experts in formulating economic and technological policies.
Article 15 The competent department of environmental protection under the State Council shall formulate national environmental quality standards.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local environmental quality standards for items not specified in the national environmental quality standards; For projects that have been specified in the national environmental quality standards, local environmental quality standards that are stricter than the national environmental quality standards may be formulated. Local environmental quality standards shall be reported to the competent environmental protection department under the State Council for the record.
The State encourages research on environmental benchmarks.
Article 16 The competent environmental protection department under the State Council shall, in accordance with the national environmental quality standards and the national economic and technological conditions, formulate the national standards for the discharge of pollutants.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may establish local pollutant discharge standards for projects not specified in the national pollutant discharge standards; For items already specified in the national pollutant discharge standards, local pollutant discharge standards that are stricter than the national pollutant discharge standards may be formulated. Local pollutant discharge standards shall be reported to the competent environmental protection department under the State Council for the record.
Article 17 The State establishes and improves the environmental monitoring system. The competent department of environmental protection under the State Council formulates monitoring norms, organizes monitoring networks with relevant departments, uniformly plans the establishment of national environmental quality monitoring stations (points), establishes monitoring data sharing mechanisms, and strengthens the management of environmental monitoring.
The setting of various environmental quality monitoring stations (points) in relevant industries and specialties shall meet the requirements of laws and regulations and monitoring specifications.
The monitoring institution shall use monitoring equipment conforming to national standards and comply with monitoring specifications. The monitoring organization and its responsible person are responsible for the authenticity and accuracy of the monitoring data.
Article 18 People's governments at or above the provincial level shall organize relevant departments or entrust professional institutions to investigate and evaluate the environmental conditions, and establish a monitoring and early warning mechanism for the carrying capacity of environmental resources.
Article 19 In the preparation of relevant development and utilization plans and the construction of projects that have an impact on the environment, an environmental impact assessment shall be conducted according to law.
Development and utilization plans that have not been subject to environmental impact assessment according to law shall not be organized for implementation; Construction projects that have not been subject to environmental impact assessment according to law shall not be started.
Article 20 The State establishes a coordinated mechanism for the joint prevention and control of environmental pollution and ecological damage in key regions and river basins across administrative regions, and implements unified planning, unified standards, unified monitoring and unified prevention and control measures.
The prevention and control of environmental pollution and ecological damage across administrative regions other than those specified in the preceding paragraph shall be coordinated by the people's governments at higher levels or solved by the relevant local people's governments through consultation.
Article 21 The State adopts policies and measures in the fields of finance, taxation, price and government procurement to encourage and support the development of environmental protection industries such as environmental protection technology and equipment, comprehensive utilization of resources and environmental services.
Article 22 If enterprises, institutions and other producers and operators further reduce the discharge of pollutants on the basis that the discharge of pollutants meets the statutory requirements, the people's government shall encourage and support them by adopting financial, tax, price, government procurement and other policies and measures according to law.
Article 23 The people's government shall support enterprises, institutions and other producers and operators that change production, relocate or close down in accordance with relevant regulations in order to improve the environment.
Article 24 The competent environmental protection departments of the people's governments at or above the county level and their entrusted environmental supervision institutions and other departments responsible for environmental protection supervision and management have the right to conduct on-site inspections of enterprises, institutions and other producers and operators that discharge pollutants. The person under inspection shall truthfully report the situation and provide necessary information. The departments, institutions and their staff conducting on-site inspection shall keep business secrets for the inspected.
Article 25 Where enterprises, institutions and other producers and operators discharge pollutants in violation of the provisions of laws and regulations, causing or likely to cause serious pollution, the competent environmental protection departments of the people's governments at or above the county level and other departments responsible for environmental protection supervision and management may seal up and seize the facilities and equipment that cause the discharge of pollutants.
Article 26 The State implements the responsibility system for environmental protection objectives and the assessment and evaluation system. People's governments at or above the county level shall incorporate the completion of environmental protection objectives into the assessment of the departments and their responsible persons responsible for environmental protection supervision and management of the people's governments at the corresponding level and the people's governments at the lower levels and their responsible persons, as an important basis for their assessment and evaluation. The assessment results shall be made public.
Article 27 The people's government at or above the county level shall report annually to the people's congress at the corresponding level or the standing committee of the people's congress on the status of the environment and the completion of the environmental protection objectives, and shall timely report to the standing committee of the people's congress at the corresponding level on major environmental events, and accept supervision according to law.
Chapter III Protection and Improvement of the Environment
Article 28 Local people's governments at all levels shall take effective measures to improve environmental quality in accordance with environmental protection objectives and governance tasks.
The relevant local people's governments of key regions and river basins that fail to meet the national environmental quality standards shall formulate plans to meet the standards within a time limit and take measures to meet the standards on time.
Article 29 The State shall delimit ecological protection red lines in key ecological function areas, ecological environment sensitive areas and vulnerable areas and implement strict protection.
People's governments at all levels shall take measures to protect representative areas of various types of natural ecosystems, natural distribution areas of rare and endangered wild animals and plants, important water conservation areas, geological structures of great scientific and cultural value, famous karst caves and fossil distribution areas, glaciers, volcanoes, hot springs and other natural relics, as well as cultural relics, ancient trees and famous trees.
Article 30 In the development and utilization of natural resources, it is necessary to rationally develop, protect biological diversity, ensure ecological security, and formulate and implement relevant ecological protection, restoration and control plans according to law.
Measures should be taken to prevent the destruction of biological diversity in the introduction of exotic species and in the research, development and utilization of biotechnology.
Article 31 The State establishes and improves the ecological protection compensation system.
The state will increase the financial transfer payments to ecological protection areas. The relevant local people's governments shall implement the ecological protection compensation funds to ensure that they are used for ecological protection compensation.
The state guides the people's governments of the beneficiary areas and the ecological protection areas to carry out ecological protection compensation through consultation or in accordance with market rules.
Article 32 The State strengthens the protection of the atmosphere, water and soil, and establishes and improves the corresponding investigation, monitoring, evaluation and remediation systems.
Article 33 The people's governments at all levels shall strengthen the protection of the agricultural environment, promote the use of new technologies for agricultural environmental protection, strengthen the monitoring and early warning of agricultural pollution sources, and coordinate with the relevant departments to take measures to prevent and control soil pollution and land desertification, salinization, impoverishment, rocky desertification, land subsidence, as well as ecological imbalances such as vegetation destruction, soil erosion, water eutrophication, water source depletion, and species extinction, Promote the comprehensive control of plant diseases and insect pests.
The people's governments at the county and township levels should improve the level of public services for rural environmental protection and promote comprehensive improvement of the rural environment.
Article 34 The State Council and the people's governments at all levels in the coastal areas shall strengthen the protection of the marine environment. The discharge of pollutants, dumping of wastes into the sea, and the construction of coastal and marine projects shall comply with the provisions of laws and regulations and relevant standards to prevent and reduce pollution damage to the marine environment.
Article 35 Urban and rural construction shall combine the characteristics of the local natural environment, protect vegetation, water areas and natural landscapes, and strengthen the construction and management of urban gardens, green spaces and scenic spots.
Article 36 The State encourages and guides citizens, legal persons and other organizations to use products and renewable products that are conducive to environmental protection and reduce the generation of waste.
State organs and other organizations that use financial funds shall give priority to the procurement and use of products, equipment and facilities that are conducive to environmental protection, such as energy conservation, water conservation and material conservation.
Article 37 Local people's governments at all levels shall take measures to organize the classified treatment and recycling of domestic waste.
Article 38 Citizens shall abide by the laws and regulations on environmental protection, cooperate with the implementation of environmental protection measures, classify and place domestic waste according to the provisions, and reduce the damage to the environment caused by daily life.
Article 39 The State establishes and improves the system of environmental and health monitoring, investigation and risk assessment; Encourage and organize research on the impact of environmental quality on public health, and take measures to prevent and control diseases related to environmental pollution.
Chapter IV Prevention and Control of Pollution and Other Public Hazards
Article 40 The State promotes cleaner production and resource recycling.
The relevant departments of the State Council and local people's governments at all levels shall take measures to promote the production and use of clean energy.
Enterprises should give priority to the use of clean energy, adopt processes and equipment with high resource utilization rate and low pollutant discharge, as well as comprehensive utilization technology of waste and harmless treatment technology of pollutants to reduce the generation of pollutants.
Article 41 The facilities for prevention and control of pollution in construction projects shall be designed, constructed and put into operation at the same time as the main works. The facilities for prevention and control of pollution shall meet the requirements of the approved environmental impact assessment documents and shall not be dismantled or left idle without authorization.
Article 42 Enterprises, institutions and other producers and operators that discharge pollutants shall take measures to prevent and control the pollution and harm to the environment caused by waste gas, waste water, waste residue, medical waste, dust, malodorous gas, radioactive substances, noise, vibration, optical radiation, electromagnetic radiation, etc. generated in production, construction or other activities.
Enterprises and institutions that discharge pollutants shall establish an environmental protection responsibility system to clarify the responsibilities of the person in charge of the unit and relevant personnel.
Key pollutant discharging units shall install and use monitoring equipment in accordance with relevant national regulations and monitoring specifications, ensure the normal operation of monitoring equipment, and keep original monitoring records.
It is strictly prohibited to discharge pollutants illegally by means of concealed pipes, seepage wells, seepage pits, perfusion, or tampering with or falsifying monitoring data, or by means of avoiding supervision and control through abnormal operation of pollution prevention facilities.
Article 43 Enterprises, institutions and other producers and operators that discharge pollutants shall pay pollutant discharge fees in accordance with the relevant provisions of the State. All pollution discharge fees shall be used exclusively for the prevention and control of environmental pollution. No unit or individual may intercept, occupy or divert them for other purposes.
If environmental protection tax is levied in accordance with the provisions of the law, no pollution discharge fee will be levied.
Article 44 The State implements a system of total emission control of key pollutants. The total emission control indicators of key pollutants shall be issued by the State Council and implemented by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. While implementing the national and local standards for the discharge of pollutants, enterprises and institutions shall abide by the total amount control indicators for the discharge of key pollutants that are decomposed and implemented to their own units.
