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 relevant contents of the Regulations of Zhuhai Municipality on Environmental Protection

(a) the "competent department of environmental protection" in the text of laws and regulations shall be uniformly revised as "competent department of ecological environment" and "administrative law enforcement department of urban management" shall be uniformly revised as "comprehensive law enforcement department of urban management".

(two) the "living environment and ecological environment" in Article 1 is amended as "environment".

(3) Article 3 is amended as: "The environment mentioned in these Regulations refers to the sum total of various 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, etc."

(four) the "competent department of environmental protection at the same level" in the first paragraph of Article 5 is amended as "competent department of ecological environment". Delete "tenure" in the first paragraph and "tenure" in the second paragraph.

(five) delete the second paragraph of article sixth.

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

(seven) the "urban planning" in Article 8 is amended as "land and space planning".

(eight) delete the second paragraph of article thirteenth.

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

(nine) the "overall urban planning" in Article 17 is amended as "land and space planning".

(10) Paragraph 2 of Article 18 is amended as: "Where the environmental quality fails to meet the requirements of environmental functional zoning, the people's governments at all levels shall comprehensively improve the regional environment within a time limit. During the period of comprehensive improvement, the competent department of ecological environment shall suspend the examination and approval of environmental impact assessment documents for 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 of the whole city, monitoring in accordance with the national technical specifications for environmental monitoring, and building an environmental monitoring network."

(twelve) the "competent department of environmental protection" in the first paragraph of article twentieth is amended as "competent department of urban ecological environment".

(thirteen) the "environmental impact assessment agency" in the first paragraph of article twenty-fifth 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) Paragraph 3 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 industrial sectors in this Municipality according to law."

(fifteen) the "district environmental protection department" in the second paragraph of article thirtieth is amended as "ecological environment department".

(XVI) 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 and put them on record, equip relevant emergency equipment and materials, and conduct emergency drills."

(seventeen) the "competent department of environmental protection and its environmental monitoring institutions" in the first paragraph of article thirty-third is amended as "competent department of ecological environment".

(eighteen) the first paragraph of article thirty-sixth is amended as: "the construction unit shall discharge noise into the surrounding environment, and shall comply with the national noise emission standards for construction sites; The competent department of ecological environment, urban management and comprehensive law enforcement departments shall, in accordance with their respective responsibilities, strengthen supervision and inspection of construction noise. If the noise emission standard at the boundary of the construction site is exceeded, the construction unit shall be ordered to take effective measures for treatment. "

(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 unit shall keep a certain distance in accordance with state regulations and take effective noise control measures."

(20) 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 consult with the units and residents' organizations that are polluted by them, take compensation measures such as adjusting production and business hours, and report the agreement reached to the local competent department of ecology and environment for the record. "

(21) 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."

(twenty-two) delete forty-fifth.

(twenty-three) delete forty-eighth.

(24) Article 49 is changed to Article 47 and 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 and amended as: "It is forbidden to burn asphalt, linoleum, rubber, plastic, leather, construction waste, garbage, wires and cables, electronic waste and other substances that produce toxic and harmful smoke and malodorous gases in non-designated places."

(26) Article 57 is renumbered as Article 55, and the third paragraph is amended as: "If a motor vehicle emits black smoke or other obviously visible pollutants on the road and 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."

The fourth paragraph is amended as: "The relevant departments of transportation, market supervision, industry and informatization shall supervise and manage the exhaust pollution of motor vehicles according to their statutory duties."

(twenty-seven) fifty-eighth to fifty-sixth, the first paragraph of the "quality supervision" is amended as "market supervision".

(28) Article 60 is renumbered as 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."

The second paragraph is amended as: "The competent department of ecological environment and the market supervision department shall, according to their respective duties, supervise and inspect the emission detection of motor vehicle emission detection institutions."

(29) Article 67 is renumbered as Article 65 and amended as: "It is forbidden to set up sewage outlets and discharge sewage 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. Other coastal waters should strictly limit the setting of sewage outlets in accordance with the planning; Where sewage is discharged, the relevant discharge standards shall be implemented. "

(30) Change Article 79 into Article 77, and the second paragraph is amended as: "In order to maintain biodiversity and ecological balance, hunting and killing of wild birds and protected wild animals are prohibited."

(thirty-one) eighty-fourth to eighty-second, and delete the expression "franchise" in the first paragraph.

(32) Article 86 is renumbered as Article 84 and amended as: "In tourist areas, parks and bathing beaches, it is forbidden to build construction projects or facilities that have adverse effects 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. "

(thirty-three) eighty-eighth to eighty-sixth, and the "administrative responsibility" in the first paragraph is revised as "responsibility".

(34) Article 89 is renumbered as Article 87 and amended as: "Whoever, in violation of the provisions of the second paragraph of Article 20 of these regulations, illegally leaves idle, dismantles, refits or damages the automatic monitoring equipment of pollution sources, or intentionally changes the automatic monitoring system to obtain data, or fails to report the failure of the automatic monitoring equipment, shall be ordered by the competent department of ecology and environment to make corrections and be fined not less than 50,000 yuan but not more than 200,000 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 responsible persons who cause environmental pollution and ecological damage. "

(35) Article 91 is changed to Article 89 and amended as: "In violation of the provisions of Article 22 of these regulations, if 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 20,000 yuan but not more than 200,000 yuan; If it is not corrected within the time limit, it shall be ordered to suspend production for rectification. "

(36) Article 93 is changed to Article 91 and amended as: "Those who violate the provisions of Article 29 of these regulations and fail to set up sewage outlets in accordance with relevant regulations and technical specifications and standards for environmental protection shall be punished according to law; Without the consent of the competent department of ecological environment, the sewage outlet and its signs and sampling and flow measurement facilities are changed without authorization, and the competent department of ecological environment shall order it to make corrections and impose a fine of 50,000 yuan to 100,000 yuan. "

(thirty-seven) ninety-fourth to ninety-second, delete the second paragraph.

(38) Article 95 is renumbered as Article 93 and amended as: "Anyone who, in violation of the provisions of the second paragraph of Article 33 of these Regulations, refuses to supervise and inspect or provides 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."

(thirty-nine) ninety-sixth is changed to ninety-fourth, and the "competent department of environmental protection" in this article is revised to "comprehensive law enforcement department of urban management".

(40) 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 shall be ordered by the competent department of ecology and environment to make corrections within a time limit and be fined not less than 10,000 yuan but not more than 100,000 yuan."

(4 1) Delete Article 100th.

(42) Article 101 is renumbered as Article 98 and amended as: "Whoever, in violation of the provisions of Article 46 of these regulations, transfers hazardous wastes and fails to comply with the system of joint single transfer, the competent department of ecology and environment shall order him to stop the illegal act, make corrections within a time limit and impose a fine of not less than 100,000 yuan but not more than 1 million yuan."

(43) Delete article 102nd.

(44) Article 104 is renumbered as Article 100 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 malodorous gases in non-designated places shall be ordered by the comprehensive law enforcement department of urban management to make corrections, and the unit shall be fined 1 10,000 yuan/kloc.

(45) Article 105 is renumbered as Article 101 and amended as: "Whoever, in violation of the provisions of Article 51 of these regulations, produces and 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 20,000 yuan but not more than 200,000 yuan."

(46) Article 107 is changed to Article 103, and the "administrative department for industry and commerce" in this article is changed to "market supervision department".

(47) Article 108 is renumbered as Article 104 and amended as: "If a motor vehicle emission inspection and testing institution that provides notarized data to the society in violation of the first paragraph of Article 58 of these regulations fails to obtain metrological certification, 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 renumbered as Article 107 and amended as: "Anyone who violates the provisions of Article 64 of these Regulations shall be ordered by the comprehensive law enforcement department of urban management to make corrections and be given a warning; If it fails to make corrections within the time limit or causes serious consequences, the unit shall be fined between100000 yuan and 200000 yuan, and the individual shall be fined between 20000 yuan and100000 yuan; If losses are caused, it shall be liable for compensation according to law. "

(49) Article 112 is renumbered as Article 108 and amended as: "Whoever sets up a sewage outlet 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. "

(fifty) the 115th to 111th, the provisions of the "planning, land" is amended as "natural resources".

(fifty-one) change article 116th to article 112th, and delete item 3 of the first paragraph.

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