Article 25 The relevant departments under the State Council and the local people's governments at various levels shall adopt measures to improve the mix of urban energy and popularize the production and utilization¹ of clean energy.

　　The people's governments of key cities for prevention and control of atmospheric² pollution may, within the regions under their respective jurisdiction³, delimit areas as ones where sale and use of the seriously polluting fuels defined by the administrative⁴ department for environmental protection under the State Council are prohibited. The units and individuals in such areas, within the time limit prescribed by the local people's governments, stop using such seriously polluting fuels and shall instead use natural gas, liquefied petroleum⁵ gas, electricity or other clean energy.

　　Article 26 The State adopts economic and technical policies and measures conducive⁶ to the clean utilization of coal, encourages and supports the use of fine coal of low-sulfur⁷ or low-ash, and encourages and supports the development and popularization of the technology of coal cleaning.

　　Article 27 The competent department concerned under the State Council shall, pursuant to the norms for boiler⁸ discharge of atmospheric pollutants⁹ prescribed by the State, stipulate¹⁰ corresponding requirements in the boiler quality standards; no boilers¹¹ that do not meet the prescribed requirements shall be manufactured, sold or imported.

　　Article 28 Urban construction shall be conducted on the basis of over-all planning. In areas of coal heating, unified¹² provision of heat sources shall be practised and central heating developed. In areas covered by central heating pipelines¹³ or networks, no coal heating boilers may be installed.

　　Article 29 People's governments of large of medium-sized cities shall make plans for catering¹⁴ service enterprises to start the use of clean energy such as natural gas, liquefied petroleum gas and electricity within a time limit.

　　For other users of domestic cooking ranges in urban areas of large or medium-sized cities not delimited as areas where the use of seriously polluting fuels is prohibited, they shall, within a time limit, start to use sulfur-fixed briquette of coal or other clean energy.

　　Article 30 Where heat-engine plants and other large or medium-sized enterprises that discharge sulfur dioxide are built or expanded, if the prescribed norms for pollutants discharge or the control quotas¹⁶ for total amounts of discharge are exceeded, supporting facilities for desulphurization and dust removal shall be installed or other measures for control of the discharge of sulfur dioxide or for dust removal adopted.

　　In the acid rain control areas or sulfur dioxide pollution control areas, if established enterprises discharge atmospheric pollutants in excess of the norms for pollutants discharge, they shall, in accordance with the provisions of Article 48 of this Law, be required to keep the discharge under control within a time limit.

　　The State encourages enterprises to adopt advanced technology for desulphruization and dust removal.

　　Enterprises shall adopt measures to control the nitrogen oxide¹⁵ generated by the burning of fuel.

　　Article 31 Where coal, gangue, coal cinder¹⁷, coal ashes, sandstone lime soil or other material is stored in densely¹⁸ inhabited areas, fire and dust prevention measures shall be taken in order to prevent atmospheric pollution.

　　Chapter IV

　　Prevention and Control of Pollutants Discharged by Motor Vehicles and Vessels¹⁹

　　Article 32 No motor vehicles and vessels shall be permitted to discharge atmospheric pollutants in excess of the prescribed discharge norms.

　　No unit or individual may manufacture, sell or import motor vehicles or vessels that discharge pollutants in excess of the prescribed discharge norms.

　　Article 33 No motor vehicles in use that do not meet the norms for pollutants discharge prescribed for motor vehicles in use at the time of their manufacture may be driven on the road.

　　When the people's governments of provinces, autonomous²⁰ regions and municipalities directly under the Central Government prescribe new norms for pollutants discharged by motor vehicles in sue and decide to have them transformed technically²¹, they shall report the matter to the State Council for approval.

　　Motor-vehicle repair units shall, in compliance²² with the requirements for prevention and control of atmospheric pollution and the relevant technical norms of the State, make repairs to ensure that the motor vehicles in use meet the prescribed norms for pollutants discharge.

　　Article 34 The State encourages the manufacture and use of motor vehicles and vessels that consume clean energy.

　　The State encourages and supports the production and use of fine fuel oil, and takes measures to reduce pollution of atmospheric environment by harmful substances contained in fuel oil. Units and individuals shall, within the time limit prescribed by the State Council, stop producing, importing and selling leaded gasoline.

　　Article 35 The administrative departments for environmental protection under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may authorize²³ the units which undertake annual test of motor vehicles and whose qualifications nave²⁴ been verified by the public security authorities to conduct annual test of motor vehicles for their emission²⁵ of fumes²⁶ in accordance with the norms prescribed.

　　The departments of transportation, fishery and other departments vested with supervisory power may authorize the units which undertake annual test of motor vessels and whose qualifications have been verified by the relevant authorities to conduct annual test of motor vessels for their emission of fumes in accordance with the norms prescribed.

　　The administrative departments for environmental protection under the local people's governments at or above the county level may conduct random²⁸ supervisory test of the motor vehicles in use pollutants discharged at their places of parking.

　　Chapter V

　　Prevention and Control of Pollution by Waste Gas, Dust and Malodorous Gases

　　Article 36 Units that discharge dust into the atmosphere shall adopt measures to remove such dust.

　　The discharge of toxic²⁹ waste gas and dust into the atmosphere shall be strictly³⁰ restricted. Where such discharge is really necessary, the discharged gas or dust undergo purification treatment so as not to exceed the prescribed discharge norms.

　　Article 37 Inflammable gas engendered³¹ during industrial production shall be recycled; if such gas is discharged into the atmosphere due to the absence of the means of for recycling, it shall undergo treatment for the prevention and control of pollution.

　　The discharge into the atmosphere of converter gas, acetylene, yellow phosphoric tail gas engendered by electric furnace process, or organic hydrocarbon³² tail gas shall be reported to the local administrative department for environmental protection for approval.

　　Where the installations for recycling inflammable gas cannot operate normally, they shall be repaired or updated without delay. Where the discharge of inflammable gas is really necessary during the period when the installations for recycling cannot operate normally, the inflammable gas to be discharged shall be fully³³ burnt, or other measures shall be taken, to reduce atmospheric pollution.

　　Article 38 Units that discharge sulphide-bearing gas in the process of refining petroleum, producing synthetic³⁴ ammonia or coal gas, cooking fuel coal or smelting³⁵ non-ferrous metal shall be equipped with desulphurizing installations or shall adopt other measures for desulphurization.

　　Article 39 Gas and aerosols³⁶ containing radioactive substances shall be discharged into the atmosphere in compliance with State regulations on protection against radioactivity, and they may not be discharged in excess of the prescribed discharge norms.

　　Article 40 Units that discharge malodorous gases into the atmosphere shall take measures to prevent pollution of the neighboring residential³⁷ areas.

　　Article 41 In densely inhabited areas and other areas that need special protection according to law, the burning of asphalt, asphalt felt, rubber, plastics, leather, garbage or other substances that produce toxic or harmful smoke or dust or malodorous gases is prohibited.

　　In densely inhabited areas, the areas around the airports, the areas in the vicinity of main traffic arteries³⁸ or the areas designated by local people's governments, the burning in the open air of stalks, fallen leaves or other substances that will cause smoke or dust pollution is prohibited.

　　In addition to the provisions in the preceding two paragraphs, municipal people's governments may ,in light of the actual conditions, adopt other measures to prevent and control smoke or dust pollution.

　　Article 42 Where substances that diffuse³⁹ toxic or harmful gases or dust are transported, loaded or unloaded, or stored, sealing or other protective measures shall be taken.

　　Article 43 Municipal people's governments shall introduce the responsibility system for afforestation and take measures to strengthen administration of construction, increase the area of paved ground and control the heaping up of debris⁴⁰ and waste as well as measures for clean transportation, in order to increase the per capita area of green land, reduce the area of bare land and the amount of surface dust, and prevent and control dust pollution in the urban areas.

　　Units which engage in construction or other activities that generate dust pollution in the urban areas of cities shall take measures to prevent and control dust pollution in compliance with the local regulations on environmental protection.

　　The relevant administrative department under the State Council shall make control of dust pollution one of the criteria⁴¹ for assessing a city's comprehensive control of its environment.

　　Article 44 People providing catering services in cities shall adopt measures to prevent and control pollution caused by soot⁴² to the residential environment in the neighborhood.

　　Article 45 The State encourages and supports the manufacture and use of the substitutes for products that deplete⁴³ the substances of the ozone⁴⁴ layer, gradually reducing the output of such products until the termination of their manufacture and use.

　　Units which manufacture or import products that deplete substances of the ozone layer shall, within the time limit prescribed by the State, manufacture an import such products in accordance with the quotas approved by the relevant administrative department under the State Council.

　　Chapter VI

　　Legal Responsibilities

　　Article 46 Any unit or individual that violates this Law shall, depending on the circumstances of the case, be ordered to discontinue the violation⁴⁵ and make rectification⁴⁶ within a time limit, be given disciplinary warning or fined not more than 50,000 yuan by the administrative department for environmental protection, or a supervisory department as mentioned in the second paragraph of Article 4 of this Law, for any of the following acts:

　　(1) Refusing to report or submitting a false report on items of pollutants discharge for which registration⁴⁷ is required by the administrative departments for environmental protection under State Council.

　　(2) Refusing an on-site inspection⁴⁸ by the administrative department for environmental protection or any other supervisory department, or resorting to trickery and fraud when being inspected;

　　(3) Failing, on the part of the unit that discharges pollutants, to keep the facilities for treatment of atmospheric pollutants operating regularly or dismantling⁴⁹ or leaving idle such facilities without prior approval by the administrative department for environmental protection; or

　　(4) Storing coal, coal gangue, coal cinder, coal ash, sandstone, lime soil or other material in densely inhabited areas without taking any measures for fire and dust prevention.

　　Article 47 Any unit that, in violation of the provisions of Article 11 of this Law, puts a construction project into operation or to use before the facilities for prevention and control of atmospheric pollution have been installed or when the requirements in respect of construction projects as specified⁵⁰ in State regulations concerning environmental protection are not met, shall be ordered by the administrative department for environmental protection responsible for the examination and approval of the statement on the environmental impact of the construction project to suspend operation or used and may also be fined not less than 10,000 yuan but not more than 100,000 yuan.

　　Article 48 Any nit that, in violation of the provisions of this Law, discharges pollutants to the atmosphere in excess of the discharge norms prescribed by the State or local authorities shall make treatment thereof within a time limit and shall also fined not less than 10,000 yuan but not more than 100,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level.The limits of power to decide on treatment within a time limit and the administrative penalties for failing to meet the requirements for treatment within a time limit shall be prescribed by the State Council.

　　Article 49 Any unit or individual that, in violation of the provisions of Article 19 of this Law, produces, sells, imports or uses the equipment the production, sale, importation or use of which is prohibited or employs the techniques the employment of which is prohibited shall be ordered to make rectification by the competent department for comprehensive economic and trade affairs of the people's government at or above the county level; if the circumstances are serious, the said competent department shall put forward suggestions thereon and submit them to the people's government at the corresponding level, which shall, within the limits of power prescribed by the State Council, order the violator to suspend operation or close down.

　　Any unit or individual that transfers eliminated equipment to another person for use, the illegal earnings⁵¹ therefrom shall be confiscated⁵³ by the administrative department for environmental protection or any other department exercising the power of supervision⁵⁴ according to law under the local people's government at or above the county level, and the unit or individual shall also be fined not more than twice of the illegal earnings.

　　Article 50 Any unit that, in violation of the provisions of the third paragraph of Article 24 of this Law, mines the coal containing toxic or harmful substances, such as radioactive and arsenic⁵⁵ substances, that exceed the prescribed limits, shall be ordered to close down by the people's government at or above the county level within the limits of power prescribed by the State Council.

　　Article 51 Any unit or individual that, in violation of the provisions of the second paragraph of Article 25 or the first paragraph of Article 29 of this Law, continues to use the seriously polluting of expiration⁵⁶ of the time limit prescribed by the local people's government shall be ordered to dismantle⁵⁷ the installations for consumption of the seriously polluting fuels, or such installations shall be confiscated, by the administrative department for environmental protection under the local people's government at or above the county level.

　　Article 52 Any unit that, in violation of the provisions of Article 28 of this Law, installs coal heating boilers in the urban areas covered by central heating pipelines or networks shall be ordered to discontinue the violation or make rectification within a time limit and may be fined not more than 50,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level.

　　Article 53 Any unit or individual that, in violation of the provisions of Article 32 of this Law, manufactures, sells or imports motor vehicles or vessels that discharge pollutants in excess of the prescribed norms shall be ordered by the department exercising the power of supervision according to law to discontinue the violation, the said department shall confiscate⁵² the illegal gains, if any, and may also impose a fine of not more than the illegal gains; the motor vehicles and vessels that cannot be made to meet the prescribed norms for pollutants discharge shall be confiscated and destroyed.

　　Article 54 Any unit or individual that, in violation of the provisions of the second paragraph of Article 34 of this Law, fails to discontinue the manufacture, importation or sale of leaded gasoline within the time limit prescribed by the State Council shall be ordered by the administrative department for environmental protection or any other department exercising the power of supervision according to law under the local people's government at or above the county level to discontinue the violation, and the said department shall confiscate the said gasoline and the illegal gains.

　　Article 55 Any unit that, in violation of the provisions of the first or the second paragraph of Article 35 of this Law, conducts test of motor vehicle or vessels for their emission of fumes, without authorization⁵⁸ of the administrative department for environmental protection under the people's government of a province, autonomous region or municipality directly under the Central Government or the authorization of the department of transportation or fishery or any other department exercising the power of supervision according to law, or practices fraud in the test, shall be ordered to discontinue the violation and make rectification within a time limit and may be fined not more than 50,000 yuan by the administrative department for environmental protection under the people's government at or above the county level or the department of transportation or fishery or any other department exercising the power of supervision according to law; if the circumstances are serious, the unit shall be disqualified to under take annual test of motor vehicles or vessels by the authorities that verified its qualifications.

　　Article 56 Any unit or individual that violates this Law shall, for any of the following acts, be ordered to discontinue the violation and make rectification within a time limit and may be fined not more than 50,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level or any other department exercising the power of supervision according to low:

　　(1)discharging dust, malodorous gases or other gases containing toxic substances into the atmosphere without taking any effective measures to prevent and control pollution;

　　(2)discharging into the atmosphere converter gas, acetylene, yellow phosphoric tai gas engendered by electric furnace process, or organic hydrocarbon tail gas without approval by the local administrative department for environmental protection;

　　(3)transporting, loading and unloading, and storing substances that diffuse toxic or harmful gases or dust without adopting sealing or other protective measures; or

　　(4)where people providing catering services in cities fail to adopt effective measures to prevent and control pollution, so than he soot discharged pollutes the residential environment in the neighbourhood.

　　Article 57 Any unit or individual that, in violation of the provisions of the first paragraph of Article 41 of this Law, burns asphalt, asphalt felt, rubber, plastics, leather, garbage or other substances that produce toxic or harmful smoke or dust or malodorous gases in densely inhabited areas or other areas that need special protection according to law shall be ordered to discontinue the violation and be fined not more than 20,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level.

　　Any unit or individual that, in violation of the second paragraph of Article 41 of this Law, burns in the open air stalks, fallen leaves or other substances that will cause smoke or dust pollution in densely inhabited areas, the areas around the airports, the areas in the vicinity of main traffic arteries or the areas designated by the administrative department for environmental protection under the local people's government at or above the county level; of the circumstances are serious, the unit or individual may be fined not more than 200 yuan.

　　Article 58 Any unit that, in violation of the provisions of the second paragraph of Article 43 of this Law, engages in construction or other activities that generate dust pollution in the urban areas of a city but bails⁵⁹ to take effective measures to prevent and control dust pollution, thus causing pollution to the atmospheric environment shall make rectification within a time limit and be fined not more than 20,000 yuan; if, ant the expiration of the rime⁶⁰ limit, it fails to meet the requirements prescribed in the local regulations on environmental protection, it may be ordered to suspend construction or other activities for rectification.

　　The punishment for dust pollution caused by construction as provided for in the preceding paragraph shall be decided⁶¹ by the administrative department for construction under the local people's government at or above the county level; the punishment for dust pollution caused by other activities shall be decided by the relevant department designated by the said government.

　　Article 59 Any unit that, in violation of the provisions of the second paragraph of Article 45 of this Law, manufactures or imports, within the limit prescribed by the State but in excess of the quotas approved by the relevant administrative department under the State Council, products that deplete substances of the ozone layer shall be fined not less than 20,000 yuan but not more than 200,000 yuan by the relevant local administrative department under the people's government of a province, autonomous region or municipality directly directly under the Central Government; if the circumstances are serious, the manufacture or import quotas shall be revoked⁶² by the relevant administrative department under the State Council.

　　Article 60 Any unit that violates the provisions of this Law shall, for any of the following acts, be ordered to be equipped with supporting facilities within a time limit and may be fined not less than 20,000 yuan but not more than 200,000 yuan by the administrative department for environmental protection under the people's government at or above the county level:

　　(1)Failing to install the supporting facilities for the dressing⁶³ of coal by washing in accordance with relevant State regulations, where the coal mined from a new coal mine being of high-sulfur or high-ash in concerned;

　　(2)Failing to install the desulphurizing installations or take other measures for desulphurization in accordance with relevant State regulations, where an enterprise that discharges sulphide-bearing gas in the process of refining petroleum, producing synthetic ammonia or coal gas, cooking fuel coal or smelting non-ferrous metal is concerned.

　　Article 61 Any enterprise or institution that, in violation of the provisions of this Law, causes an atmospheric pollution accident shall be fined not more than 50 percent of the direct economic losses thus occasioned but not more than the maximum of 500,000 yuan by the administrative department for environmental protection under the local people's government at or above the county level on the basis of the damages inflicted⁶⁴. If the circumstances are relatively⁶⁵ serious, the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions or disciplinary punishment according to law by the unit to which they belong or by the competent authority at a higher level. Where a major atmospheric pollution accident is caused that leads to any grave consequences resulting in heavy public or private property losses or serious personal injuries or deaths, and if a crime is constituted, criminal responsibility shall be investigated in accordance with law.

　　Article 62 Any unit that causes an atmospheric pollution hazard shall have the responsibility of removing the hazard and of making compensation to the units or individuals that nave suffered direct losses.

　　A dispute over the liability to make compensation or the amount of compensation may, at the request of the parties, be settled through mediation⁶⁶ by on administrative department for environmental protection; if mediation fails, the party may bring a suit before a people's court. The party may also bring a suit before the people's court directly.

　　Article 63 Where atmospheric pollution losses are caused absolutely by irresistible⁶⁷ natural disasters and cannot be averted⁶⁸ even if reasonable measures are promptly⁶⁹ taken, the party concerned shall be exempted⁷⁰ from liability.

　　Article 64 Where an administrative department for environmental protection or any other relevant department, in violation of the provisions of the third paragraph of Article 14 of this Law, misappropriates the fees collected for discharge of pollutants for other purposes, the auditing⁷¹ or supervisory authorities shall order it to refund⁷² the money misappropriated or shall toke other measures to recover the money, and the persons who are directly in charge and the other persons who are directly responsible for the violation shall be given administrative sanctions according to law.

　　Article 65 Any supervisor²⁷ for environmental protection who abuses his power or neglects his duty shall be given administrative sanction; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　Chapter VII

　　Supplementary⁷³ Provisions

　　Article 66 This law Shall go into effect as of September 1, 2000. 2000.

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