中华人民共和国环境保护法(2)

Article 25 For the technological transformation of newly-built industrial enterprises and existing industrial enterprises， facilities and processes that effect a high rate of the utilization of resources and a low rate of the discharge of pollutants shall be used， along with economical and rational technology for the comprehensive utilization of waste materials and the treatment of pollutants.

Article 26 Installations for the prevention and control of pollution at a construction project must be designed， built and commissioned together with the principal part of the project. No permission shall be given for a construction project to be commissioned or used， until its installations for the prevention and control of pollution are examined and considered up to the standard by the competent department of environmental protection administration that examined and approved the environmental impact statement. Installations for the prevention and control of pollution shall not be dismantled or left idle without authorization. If it is really necessary to dismantle such installations or leave them idle， prior approval shall be obtained from the competent department of environmental protection administration in the locality.

Article 27 Enterprises and institutions discharging pollutants must report to and register with the relevant authorities in accordance with the provisions of the competent department of environmental protection administration under the State Council.

Article 28 Enterprises and institutions discharging pollutants in excess of the prescribed national or local discharge standards shall pay a fee for excessive discharge according to state provisions and shall assume responsibility for eliminating and controlling the pollution. The provisions of the Law on Prevention and Control of Water Pollution shall be complied with where they are applicable.

The income derived from the fee levied for the excessive discharge of pollutants must be used for the prevention and control of pollution and shall not be appropriated for other purposes. The specific measures thereof shall be prescribed by the State Council.

Article 29 If an enterprise or institution has caused severe environmental pollution， it shall be required to eliminate and control the pollution within a certain period of time. For enterprises and institutions directly under the jurisdiction of the Central Government or the people's government of a province， an autonomous region， or a municipality directly under the Central Government， the decision on a deadline for the elimination or control of pollution shall be made by the people's government of the province， autonomous region and the municipality directly under the Central Government. For enterprises and institutions under the jurisdiction of a people's government at or below the city or county level， such decision shall be made by the people's government of the city or county. Such enterprises and institutions shall accomplish the elimination or control of pollution within the specified period of time.

Article 30 A ban shall be imposed on the importation of any technology or facility that fails to meet the requirements specified in the regulations of our country concerning environmental protection.

Article 31 Any unit that， as a result of an accident or any other exigency， has caused or threatens to cause an accident of pollution， must promptly take measures to prevent and control the pollution hazards， make the situation known to such units and inhabitants as are likely to be endangered by such hazards， report the case to the competent department of environmental protection administration of the locality and the departments concerned and accept their investigation and decision.

Enterprises and institutions that are likely to cause severe pollution accidents shall adopt measures for effective prevention.

Article 32 If the safety of the lives and property of inhabitants is endangered by severe environmental pollution， the competent department of environmental protection administration of the local people's government at or above the county level must promptly report to the local people's government. The people's government concerned shall take effective measures to remove or alleviate the hazard.

Article 33 The production， storage， transportation， sale and use of toxic chemicals and materials containing radioactive substances must comply with the relevant state provisions so as to prevent environmental pollution.

Article 34 No unit shall be permitted to transfer a production facility that causes severe pollution for use by a unit that is unable to prevent and control pollution.

Chapter V Legal Liability

Article 35 Any violator of this Law shall， according to the circumstances of the case， be warned or fined by the competent department of environmental protection administration or another department invested by law with power to conduct environmental supervision and management for any of the following acts：

（1） refusing an on-site inspection by the competent department of environmental protection administration or another department invested by law with power to conduct environmental supervision and management， or resorting to trickery and fraud while undergoing inspection；

（2） refusing to report or submitting a false report on items for which declaration is required by the competent department of environmental protection administration under the State Council；

（3） failing to pay， as provided for by the state， the fee for the excessive discharge of pollutants；

（4） importing technology or a facility that fails to meet the requirements specified in the state provisions concerning environmental protection； or

（5） transferring a production facility that causes severe pollution for use by a unit that is unable to prevent and control pollution.

Article 36 When a construction project is commissioned or put to use in circumstances where facilities for the prevention and control of pollution either have not been completed or fail to meet the requirements specified in state provisions， the competent department of environmental protection administration responsible for the approval of the environmental impact statement on the construction project shall order the suspension of its operations or use and may concurrently impose a fine.

Article 37 A unit which dismantles or leaves idle the installations for the prevention and control of pollution without prior approval by the competent department of environmental protection administration， thereby discharging pollutants in excess of the prescribed discharge standards， shall be ordered by the competent department of environmental protection administration to set up the installations or put them to use again， and shall concurrently be fined.

Article 38 An enterprise or institution which violates this Law， thereby causing an environmental pollution accident， shall be fined by the competent department of environmental protection administration or another department invested by law with power to conduct environmental supervision and management in accordance with the consequent damage； in a serious case， the persons responsible shall be subject to administrative sanction by the unit to which they belong or by the competent department of the government.

Article 39 An enterprise or institution that has failed to eliminate or control pollution by the deadline as required shall， as provided for by the state， pay a fee for excessive discharge； in addition， a fine may be imposed on it on the basis of the damage incurred， or the enterprise or institution may be ordered to suspend its operations or close down. The fine as specified in the preceding paragraph shall be decided by the competent department of environmental protection administration. An order for the suspension of operations or shut-down of an enterprise or institution shall be issued by the people's government that set the deadline for the elimination or control of pollution. An order for the suspension of operations or shut-down of an enterprise or institution directly under the jurisdiction of the Central Government shall be submitted to and approved by the State Council.

Article 40 A party refusing to accept the decision on administrative sanction may， within 15 days of receiving the notification on such a decision， apply for reconsideration to the department next higher to the authorities that imposed the sanction； if the party refuses to accept the decision of reconsideration， it may， within 15 days of receiving the reconsideration decision， bring a suit before a people's court. A party may also bring a suit directly before a people's court within 15 days of receiving the notification on the sanction. If， upon the expiration of this period， the party has not applied for reconsideration or has neither brought a suit before a people's court nor complied with the sanction， the authorities that imposed the sanction may apply to the people's court for compulsory enforcement.

Article 41 A unit that has caused an environmental pollution hazard shall have the obligation to eliminate it and make compensation to the unit or individual that 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 by the competent department of environmental protection administration or another department invested by law with power to conduct environmental supervision and management. If a party refuses to accept the decision on the settlement， it may bring a suit before a people's court. The party may also directly bring a suit before the people's court.

If environmental pollution losses result solely from irresistible natural disasters which cannot be averted even after the prompt adoption of reasonable measures， the party concerned shall be exempted from liability.

Article 42 The limitation period for prosecution with respect to compensation for environmental pollution losses shall be three years， counted from the time when the party becomes aware of or should become aware of the pollution losses.

Article 43 If a violation of this Law causes a serious environmental pollution accident， leading to the grave consequences of heavy losses of public or private property or human injuries or deaths of persons， the persons directly responsible for such an accident shall be investigated for criminal responsibility according to law.

Article 44 Whoever， in violation of this Law， causes damage to natural resources like land， forests， grasslands， water， minerals， fish， wild animals and wild plants shall bear legal liability in accordance with the provisions of relevant laws.

Article 45 Any person conducting supervision and management of environmental protection who abuses his power， neglects his duty or engages in malpractices for personal gains shall be given administrative sanction by the unit to which he belongs or the competent higher authorities； if his act constitutes a crime， he shall be investigated for criminal responsibility according to law.

Chapter VI Supplementary Provisions

Article 46 If an international treaty regarding environmental protection concluded or acceded to by the People's Republic of China contains provisions differing from those contained in the laws of the People's Republic of China， the provisions of the international treaty shall apply， unless the provisions are ones on which the People's Republic of China has announced reservations.

Article 47 This Law shall enter into force on the date of promulgation. The Environmental Protection Law of the People's Republic of China （for Trial Implementation） shall be abrogated therefrom