Decision of the Standing Committee of Beijing Municipal People's Congress on Amending the Regulations of Beijing Municipality on the Prevention and Control of Air Pollution and Other Seven Local Regul

Decision of the Standing Committee of Beijing Municipal People's Congress on Amending the Regulations of Beijing Municipality on the Prevention and Control of Air Pollution and Other Seven Local Regulations I. Amend the Regulations of Beijing Municipality on the Prevention and Control of Air Pollution.

(1) Article 5 is amended as: "The prevention and control of air pollution should focus on reducing the concentration of atmospheric fine particles, implement coordinated control of various pollutants, adhere to the whole process of controlling pollutant emissions from source to end, strictly control emission standards, control the total amount and concentration of pollutants, and accelerate the reduction of total emissions."

(2) Article 7 is amended as: "The Municipal People's Government shall take overall responsibility for the prevention and control of air pollution in this Municipality, and the district and town people's governments shall bear corresponding responsibilities within their respective jurisdictions."

(three) by deleting sixteenth.

(4) Article 21 is renumbered as Article 20 and amended as: "The municipal and district people's governments shall incorporate the response to heavy polluted weather into the emergency management system, formulate an emergency plan for heavy air pollution, report it to the competent administrative department of environmental protection of the people's government at the next higher level for the record, and make it public.

"When the atmosphere is seriously polluted, and unexpected events that endanger human health and safety occur or may occur, the Municipal People's Government shall, in accordance with the prescribed procedures, release early warning information of heavy air pollution to the society through the media. According to the warning level, the municipal and district people's governments start emergency plans and implement corresponding emergency measures, including: ordering relevant enterprises to stop production or limit production, restricting the driving of some motor vehicles, prohibiting the discharge of fireworks and firecrackers, stopping earthwork operations and building demolition, stopping open-air barbecues, and stopping outdoor physical education class in kindergartens and schools.

"The relevant sewage units shall implement the emergency measures stipulated in the second paragraph of this article.

"After the emergency response is over, the people's government should evaluate the implementation of the emergency plan in a timely manner and revise and improve the emergency plan in a timely manner."

(5) Article 30 is renumbered as Article 29, and the first paragraph is amended as: "Construction projects that discharge pollutants into the atmosphere shall be subject to environmental impact assessment according to law."

(six) the thirty-first to thirtieth, delete the second paragraph.

(7) Article 32 is renumbered as Article 31 and amended as: "Enterprises, institutions and other producers and operators that discharge pollutants into the atmosphere shall maintain the normal use of air pollution prevention and control facilities."

(8) Article 33 is renumbered as Article 32 and amended as: "Enterprises, institutions and other producers and operators that discharge pollutants into the atmosphere shall pay environmental protection tax in accordance with the relevant provisions of the state and this Municipality."

(9) Article 34 is renumbered as Article 33, and the second paragraph is amended as: "It is forbidden to evade supervision by stealing, tampering with or forging monitoring data, temporarily stop production for the purpose of evading on-site inspection, open emergency discharge channels in non-emergency situations, and discharge air pollutants through abnormal operation of air pollution prevention and control facilities."

10. Article 39 is changed to Article 38 and amended as: "Citizens, legal persons and other organizations have the right to request the municipal and district people's governments, their environmental protection departments and other relevant departments to disclose information on atmospheric environmental quality, sudden atmospheric environmental incidents, relevant administrative licenses and administrative penalties."

(11) Change Article 43 into Article 42, and the first paragraph is amended as: "This Municipality implements the air pollutant discharge permit system in accordance with the relevant provisions of the State and this Municipality."

(12) Article 46 is renumbered as Article 45, and the second paragraph is amended as: "For new construction, renovation and expansion projects that are included in the scope of total amount control, the total emission targets of major air pollutants shall be obtained before the environmental impact assessment document is compiled or filled in, and the source of the targets shall be stated in the environmental impact assessment document."

(13) Article 47 is renumbered as Article 46, and the second paragraph is amended as: "A construction project that has achieved the total emission index of air pollutants through reduction and substitution may not be put into production before the replacement emission reduction is completed."

(14) Article 57 is renumbered as Article 56 and amended as: "Production and service activities that produce waste gas containing volatile organic compounds shall be carried out in confined spaces or equipment, and pollution prevention facilities shall be installed and used in accordance with regulations; If it cannot be sealed, measures should be taken to reduce exhaust emissions.

Units using gas filling stations, oil storage depots, gas storage depots, tank cars and gas tankers shall install oil and gas recovery devices in accordance with the provisions of the state and this Municipality and maintain their normal use, and submit an oil and gas emission test report issued by a testing qualification institution to the competent administrative department of environmental protection every year.

(15) Article 62 is renumbered as Article 61, and the first paragraph is amended as: "No unit or individual may burn straw, leaves, hay, garbage, electronic waste, linoleum, rubber, plastic, leather and asphalt in the open air and discharge pollutants into the atmosphere."

(16) Article 69 is changed to Article 68 and amended as: "The regular inspection of motor vehicle emission pollution shall be undertaken by the motor vehicle emission inspection institutions that have passed the metrological certification according to law. Testing institutions shall conduct testing on motor vehicle emission pollution in strict accordance with regulations, and network with the competent administrative department of environmental protection to realize real-time enjoyment of testing data. Motor vehicle emission testing institutions and their responsible persons are responsible for the authenticity and accuracy of the test data.

"The competent administrative department of environmental protection and the supervision and administration department of certification and accreditation shall supervise and inspect the emission testing of motor vehicle emission testing institutions."

(XVII) Article 75 is renumbered as Article 74, and the second paragraph is amended as: "The Municipal People's Government may designate areas where the use of high-emission off-road mobile machinery is prohibited according to the quality of the atmospheric environment."

(XVIII) Article 76 is changed to Article 75 and amended as: "This Municipality implements the compulsory scrapping system for motor vehicles in accordance with state regulations. Motor vehicle emissions of atmospheric pollutants exceed the standard, should be maintained; If it still does not meet the requirements of national emission standards after repair, adjustment and adoption of control technology, it will be forcibly scrapped according to law. "

(nineteen) ninetieth to eightieth, and delete the second paragraph.

(twenty) ninety-first to ninetieth, delete the fourth paragraph.

(21) Change Article 92 into Article 91, and change "the municipal environmental protection administrative department may seal up the sewage facilities and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan" in the first paragraph to "the municipal or district environmental protection administrative department may seal up the sewage facilities and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan".

(22) Article 93 is renumbered as Article 92 and amended as: "In violation of the provisions of Article 27 of these regulations, if pollutants discharged into the atmosphere do not meet the national or municipal standards for air pollutant discharge control, the competent administrative department of environmental protection shall order it to make corrections or stop production, suspend business for rectification, and impose a fine of not less than 100,000 yuan but not more than 1 million yuan; If the circumstances are serious, report to the people's government with the power of examination and approval and order it to suspend business or close down; If the pollutants discharged into the atmosphere exceed the total discharge index, the competent administrative department of environmental protection shall order it to stop discharging pollutants and impose a fine of100000 yuan or more100000 yuan or less. "

(twenty-three) by deleting ninety-fourth.

(24) Article 95 is renumbered as Article 93 and amended as: "In violation of the provisions of Article 30 of these regulations, if the supporting air pollution prevention and control facilities are not completed and the main project is officially put into production or use, the competent administrative department of environmental protection shall order it to make corrections within a time limit and impose a fine of more than 200,000 yuan but less than 1 million yuan; If it is not corrected within the time limit, it will be fined between one million yuan and two million yuan. "

(25) Article 96 is renumbered as Article 94 and amended as: "Whoever violates the provisions of Article 31 of these regulations and fails to use the facilities for prevention and control of air pollution normally shall be ordered by the competent administrative department of environmental protection to stop the illegal act, make corrections within a time limit and be fined not less than 5,000 yuan but not more than 50,000 yuan."

(twenty-six) by deleting ninety-seventh.

(27) Article 98 is renumbered as Article 95 and amended as: "Whoever, in violation of the provisions of the first paragraph of Article 33 of these regulations, fails to set the air pollutant discharge port in accordance with the provisions, shall be ordered by the competent administrative department of environmental protection to make corrections within a time limit and be fined between 20,000 yuan and 200,000 yuan; Refuses to correct, shall be ordered to suspend production for rectification.

"In violation of the provisions of the second paragraph of Article 33 of these regulations, those who evade the supervision and discharge of atmospheric pollutants shall be ordered by the competent administrative department of environmental protection to make corrections or limit production, suspend production for rectification and impose a fine of not less than 100,000 yuan but not more than 1 million yuan; If the circumstances are serious, it shall be reported to the people's government with the power of examination and approval and ordered to suspend business or close down. "

(28) Change Article 99 into Article 96, and the first paragraph is amended as: "Whoever violates the provisions of the first paragraph of Article 34 of these regulations and fails to publish or save monitoring data in accordance with the provisions, the competent administrative department of environmental protection shall order him 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; Those who refuse to make corrections shall be ordered to suspend production for rectification. "

(29) Article 100 is renumbered as Article 97 and amended as: "In violation of the provisions of Article 35 of these regulations, automatic monitoring equipment for air pollutant discharge is not installed as required, or the automatic monitoring equipment is unstable and the data is inaccurate, the competent administrative department of environmental protection 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; Those who refuse to make corrections shall be ordered to suspend production for rectification. "

(30) change Article 101 to Article 98, and change "a fine of not less than 100,000 yuan but not more than 500,000 yuan" to "a fine of not less than 100,000 yuan but not more than 1 million yuan".

(31) Article 103 is renumbered as Article 100 and amended as: "In violation of the provisions of Article 50 of these regulations, if facilities burning highly polluting fuels are built or expanded in no-burn areas, or if they continue to burn highly polluting fuels such as coal, heavy oil and residual oil beyond the prescribed time limit, the facilities burning highly polluting fuels shall be confiscated by the competent administrative department of environmental protection, and coal-fired heating boilers shall be dismantled, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed."

(32) Article 104 is renumbered as Article 101 and amended as: "In violation of the provisions of Article 51 of these regulations, if facilities burning coal, heavy oil and residual oil are newly built or expanded, or industrial boilers, kilns and generator sets burning coal, heavy oil and residual oil fail to stop burning highly polluting fuels in accordance with the provisions, the facilities burning highly polluting fuels shall be confiscated by the competent administrative department of environmental protection, and coal-fired heating boilers shall be dismantled, and a fine of more than 20,000 yuan shall be imposed.

(33) Article 106 is renumbered as Article 103, and the first paragraph is amended as: "Whoever sells unqualified bulk coal and products in violation of the first paragraph of Article 53 of these regulations shall be ordered by the quality and technical supervision and the administrative department for industry and commerce to make corrections according to their duties, stop selling, confiscate raw materials, products and illegal income, and impose a fine of more than one time but less than three times the value of the goods."

(34) Article 108 is renumbered as Article 105, and the first paragraph is amended as: "In violation of the provisions of the first paragraph of Article 56 of these regulations, those who fail to carry out production and service activities that produce waste gas containing volatile organic compounds in confined spaces or equipment, or fail to install and use pollution prevention facilities as required, shall be ordered by the competent administrative department of environmental protection to make corrections and be fined between 20,000 yuan and 200,000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification. "

(35) Article 109 is renumbered as Article 106 and amended as: "Whoever, in violation of the provisions of Article 57 of these regulations, fails to use paints with low volatile organic compounds as required, or fails to record and save relevant data and materials as required, or commits fraud, shall be ordered by the competent administrative department of environmental protection to make corrections and be fined between 20,000 yuan and 200,000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification. "

(36) Article 110 is renumbered as Article 107 and amended as: "In violation of the provisions of Article 58 of these regulations, those who fail to take measures to reduce material leakage or fail to collect and dispose of leaked materials in time shall be ordered by the competent administrative department of environmental protection to make corrections within a time limit and be fined between 20,000 yuan and 200,000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification. "

(37) Article 111 is renumbered as Article 108 and amended as: "Whoever, in violation of the first paragraph of Article 59 of these regulations, fails to install oil fume purification facilities, uses oil fume purification facilities abnormally or adopts other oil fume purification measures, and discharges oil fume exceeding the emission standard, shall be ordered by the competent administrative department of environmental protection to make corrections within a time limit and be fined between 5,000 yuan and 50,000 yuan; Refuses to correct, shall be ordered to suspend business for rectification.

"In violation of the provisions of the second paragraph of Article 59 of this Ordinance, in residential buildings, commercial buildings are not equipped with special flues, commercial buildings and commercial floors are adjacent to residential floors, and new construction, renovation and expansion of catering services, dry cleaning, auto repair and other projects that produce soot, odor and waste gas shall be ordered by the comprehensive law enforcement department of urban management to make corrections; If you refuse to make corrections, you will be suspended for rectification and fined 1 more than 10,000 yuan10,000 yuan. "

(38) Article 112 is renumbered as Article 109 and amended as: "Whoever, in violation of the provisions of Article 60 of these regulations, fails to install a purification device or takes other measures to prevent the surrounding environment from being polluted, the competent administrative department of environmental protection shall order him to make corrections within a time limit and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; Those who refuse to make corrections shall be ordered to stop work for rectification or suspend business for rectification. "

(39) Article 113 is renumbered as Article 110 and amended as: "Whoever, in violation of the provisions of the first paragraph of Article 61 of these regulations, burns straws, leaves and hay in the open air shall be ordered by the comprehensive law enforcement department of urban management to make corrections and may be fined between 500 yuan and 2,000 yuan; Open burning garbage, electronic waste, linoleum, rubber, plastics, leather and asphalt 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 or more110,000 yuan or less, and the individual shall be fined more than 2,000 yuan in 500 yuan.

"Anyone who, in violation of the provisions of the second paragraph of Article 61 of these regulations, barbecues food in the open air or provides a venue for barbecued food in the open air within the forbidden range designated by the government shall be ordered by the comprehensive law enforcement department of urban management to make corrections, confiscate barbecue tools and illegal income, and impose a fine of not less than 500 yuan but not more than 20,000 yuan."

(40) Article 114 is renumbered as Article 111 and amended as: "Whoever, in violation of the provisions of the second paragraph of Article 64 of these Regulations, sells motor vehicles and off-road mobile machinery that are not listed in this Municipality's catalogue shall be ordered by the municipal environmental protection administrative department to stop the illegal act, confiscate the illegal income, and may also be fined less than twice the value of the goods.

"Whoever, in violation of the provisions of the third paragraph of Article 64 of this Ordinance, sells motor vehicles and non-road mobile machinery that do not meet the standards prescribed by the state or this Municipality shall be ordered by the municipal administrative department for industry and commerce to stop the illegal act, confiscate the illegal income, impose a fine of more than one time and less than three times the value of the goods, and confiscate and destroy motor vehicles and non-road mobile machinery that do not meet the pollutant discharge standards; Sales of motor vehicles, non-road mobile machinery does not meet the prescribed emission standards, the seller shall be responsible for repair, replacement, return; If losses are caused to the purchaser, the seller shall compensate for the losses. "

Article 115 is renumbered as Article 112, and one paragraph is added as the second paragraph: "If a motor vehicle driver drives a motor vehicle that fails the emission inspection on the road, the traffic management department of the public security organ shall punish him according to law."

(42) Article 116 is renumbered as Article 113 and amended as: "In violation of the provisions of the first paragraph of Article 68 of these Regulations, if an inspection institution fails to conduct inspection in accordance with the provisions, the competent administrative department of environmental protection shall order it to stop the illegal act, make corrections within a time limit and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; If the circumstances are serious, the department responsible for qualification determination shall cancel its inspection qualification. "

(43) Article 122 is renumbered as Article 119 and amended as: "Anyone who violates the provisions of the first paragraph of Article 81 of these regulations shall be ordered by the comprehensive law enforcement department of urban management to make corrections within a time limit and be fined between 10,000 yuan and 100,000 yuan; Those who refuse to make corrections shall be ordered to stop work for rectification. "

(44) Article 123 is renumbered as Article 120 and amended as: "Anyone who violates the provisions of Article 82 of these regulations shall be ordered by the comprehensive law enforcement department of urban management to make corrections within a time limit and be fined not less than 10,000 yuan but not more than 100,000 yuan; Among them, for industrial enterprises, the competent administrative department of environmental protection shall order them to make corrections and impose a fine of more than 1 10,000 yuan and less than100,000 yuan; Those who refuse to make corrections shall be ordered to stop work for rectification or suspend business for rectification. "

(45) Article 124 is changed to Article 121 and amended as: "Anyone who violates the provisions of Article 83 of these regulations shall be ordered by the comprehensive law enforcement department of urban management to make corrections and be fined between 2,000 yuan and 20,000 yuan; If you refuse to correct it, the vehicle may not drive on the road. "

(46) Article 125 is renumbered as Article 122 and amended as: "Anyone who violates the provisions of Article 84 of these regulations shall be ordered by the comprehensive law enforcement department of urban management to make corrections within a time limit and be fined not less than 10,000 yuan but not more than 100,000 yuan; Those who refuse to make corrections shall be ordered to stop work for rectification or suspend business for rectification. "

(47) Article 126 is renumbered as Article 123 and amended as: "In violation of the provisions of Article 87 of these regulations, if measures to prevent and control dust pollution are not taken in the exploitation of mineral resources, the competent administrative department of environmental protection shall order it to make corrections within a time limit and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; Those who refuse to make corrections shall be ordered to stop work for rectification or suspend business for rectification. "

(48) Delete article 128.

(forty-nine) twenty-seventh, twenty-eighth, twenty-ninth, thirty-fifth, thirty-sixth, thirty-seventh and sixty-first in the "unit" is amended as "enterprises, institutions and other producers and operators"; "Trial production" in Article 102 is amended as "production".