Environmental Protection Law of the People's Republic of China


Published:

2013-07-11

(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) Article 1 of Chapter I General Provisions is formulated for the purpose of protecting and improving the environment, preventing and controlling pollution and other public hazards, safeguarding public health, promoting ecological civilization, and promoting sustainable economic and social development. 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, oceans, land, mineral deposits, forests, grasslands and wetlands

(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)
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 ecological civilization and promoting sustainable economic and social development.
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, oceans, land, mineral deposits, forests, grasslands, wetlands, wildlife, natural relics, human relics, nature reserves, scenic spots, urban and rural areas, 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 State.
The State adopts economic and technological policies and measures conducive to the conservation and recycling of resources, the protection and improvement of the environment, and the promotion of harmony between man 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, putting prevention first, comprehensive treatment, public participation and bearing responsibility for damage.
Article 6 All units and individuals shall have the obligation to protect the environment.
The local people's governments at various 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 industries, promotes the informatization of environmental protection, and raises the level of environmental protection science and technology.
Article 8 People's governments at all levels shall increase their financial input to protect and improve the environment, prevent and control 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 autonomous mass organizations, social organizations and environmental protection volunteers to publicize environmental protection laws and regulations and knowledge, and create a good atmosphere for environmental protection.
Educational administrative departments and schools shall incorporate environmental protection knowledge into the content of school education and cultivate students' awareness of environmental protection.
The news media shall publicize environmental protection laws and regulations and environmental protection knowledge, and supervise environmental violations by public opinion.
Article 10 The competent department of environmental protection under the State Council shall exercise unified supervision and administration over the work of environmental protection throughout the country; 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 the 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 plans for national economic and social development.
The competent department of environmental protection under the State Council shall, together with other relevant departments, work out 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 departments of the local people's governments at or above the county level shall, in conjunction with the relevant departments, work out the environmental protection plans for their respective administrative areas in accordance with the requirements of the national environmental protection plans, submit them to the people's governments at the same level for approval and publish them for implementation.
The contents of the environmental protection plan shall include the objectives, tasks, safeguard measures, etc. of ecological protection and pollution prevention and control, and shall be linked with the planning of the main functional areas, the general planning of land use, and the urban and rural planning.
Article 14 When organizing the formulation of economic and technological policies, the relevant departments under the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall give full consideration to the impact on the environment and listen to the opinions of relevant parties and experts.
Article 15 The competent environmental protection department 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 establish local environmental quality standards for projects that are not specified in the national environmental quality standards; Local environmental quality standards that are stricter than the national environmental quality standards may be formulated for the items already specified in the national environmental quality standards. 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 department of environmental protection under the State Council shall, in accordance with the national standards for environmental quality and the country's economic and technological conditions, formulate 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 standards for the discharge of pollutants for items not specified in the national standards for the discharge of pollutants; For the items already specified in the national standards for the discharge of pollutants, local standards for the discharge of pollutants that are stricter than the national standards for the discharge of pollutants may be formulated. Local standards for the discharge of pollutants shall be submitted to the competent environmental protection department under the State Council for the record.
Article 17 The State shall establish and improve the environmental monitoring system. The competent environmental protection department under the State Council shall formulate monitoring standards, organize monitoring networks with relevant departments, uniformly plan the setting of national environmental quality monitoring stations (points), establish a monitoring data sharing mechanism, and strengthen 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.
Monitoring institutions shall use monitoring equipment that conforms to national standards and comply with monitoring norms. The monitoring institution and its responsible person shall be 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 environmental conditions and establish a monitoring and early warning mechanism for carrying capacity of environmental resources.
Article 19 In the compilation of development and utilization plans and in the construction of projects that have an impact on the environment, the environmental impact assessment shall be carried out according to law.
Development and utilization plans without environmental impact assessment according to law shall not be implemented; No construction project without environmental impact assessment according to law may be commenced.
Article 20 The State shall establish a coordinated mechanism for joint prevention and control of environmental pollution and ecological damage in key regions and river basins across administrative regions, and implement unified planning, unified standards, unified monitoring and unified prevention and control measures.
The prevention and control of environmental pollution and ecological damage beyond the administrative areas mentioned in the preceding paragraph shall be coordinated by the people's governments at higher levels, or solved through consultation by the local people's governments concerned.
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, in accordance with law, adopt policies and measures in the areas of finance, taxation, prices and government procurement to encourage and support them.
Article 23 In order to improve the environment, enterprises, institutions and other producers and business operators shall be supported by the people's government if they change their production, relocate or close down in accordance with relevant regulations.
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 supervision and administration of environmental protection shall 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 inspections shall keep business secrets for the inspected.
Article 25 Where enterprises, institutions and other production and business operators discharge pollutants in violation of laws and regulations, causing or threatening to cause serious pollution, the competent environmental protection department of the people's government at or above the county level and other departments responsible for environmental protection supervision and administration may seal up or detain the facilities and equipment that cause the discharge of pollutants.
Article 26 The State applies a system of responsibility for environmental protection objectives and a system of assessment and evaluation. The 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 levels, and the people's governments at lower levels and their responsible persons, as an important basis for their assessment and evaluation. The assessment results shall be made public to the public.
Article 27 The people's governments at or above the county level shall report annually to the people's congresses or their standing committees on the state of the environment and on the achievement of the environmental protection goals, and shall promptly report major environmental events to the standing committees of the people's congresses at the corresponding levels and accept supervision according to law.
 
Chapter III Protection and Improvement of the Environment
Article 28 The local people's governments at various levels shall, in accordance with the objectives of environmental protection and the tasks of rehabilitation, take effective measures to improve the quality of the environment.
The local people's governments concerned in key regions and river basins that fail to meet the national environmental quality standards shall formulate plans for meeting the standards within a time limit and take measures to meet the standards on time.
Article 29 The State shall delimit red lines for ecological protection in key ecological function areas, ecological environment sensitive areas, fragile areas and other areas, and strictly protect them.
People's governments at all levels shall take measures to protect the representative areas of various types of natural ecosystems, the 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 and famous trees. Destruction is strictly prohibited.
Article 30 In the development and utilization of natural resources, it is necessary to develop rationally, protect biological diversity, ensure ecological security, and formulate and implement relevant plans for ecological protection and rehabilitation according to law.
Measures shall be taken to prevent the destruction of biodiversity in the introduction of alien species and in the research, development and utilization of biotechnology.
Article 31 The State shall establish and improve the ecological protection compensation system.
The state has increased financial transfer payments to ecological protection areas. The relevant local people's governments shall implement the ecological protection compensation funds and ensure that they are used for ecological protection compensation.
The State guides the people's governments of the beneficiary areas and ecological protection areas to make ecological protection compensation through consultation or in accordance with market rules.
Article 32 The State shall strengthen the protection of the atmosphere, water, soil, etc., and establish and improve corresponding systems of investigation, monitoring, evaluation and remediation.
Article 33 People's governments at various 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 relevant departments to take measures to prevent and control soil pollution, desertification, salinization, barren land, rocky desertification, land subsidence, and ecological imbalance such as vegetation destruction, water and soil loss, eutrophication of water bodies, depletion of water sources, and extinction of seed sources, Promote the integrated control of plant diseases and insect pests.
People's governments at the county and township levels shall 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 various levels in coastal areas shall strengthen the protection of the marine environment. The discharge of pollutants and the dumping of wastes into the sea and the construction of coastal and marine projects shall conform to the provisions of laws and regulations and relevant standards, so as to prevent and reduce pollution damage to the marine environment. (
Article 35 In urban and rural construction, vegetation, water areas and natural landscapes shall be protected in the light of the characteristics of the local natural environment, and the construction and management of urban gardens, green spaces and scenic spots shall be strengthened.
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 to reduce the generation of waste.
State organs and other organizations using financial funds shall give priority to purchasing and using products, equipment and facilities that are conducive to environmental protection, such as energy, water and material conservation.
Article 37 The local people's governments at various levels shall take measures to organize the classified disposal and recycling of household waste.
Article 38 Citizens shall abide by environmental protection laws and regulations, cooperate with the implementation of environmental protection measures, and place domestic wastes by categories according to regulations to reduce the damage to the environment caused by daily life.
Article 39 The State shall establish and improve 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 recycling of resources.
The relevant departments under the State Council and the local people's governments at various levels shall take measures to promote the production and use of clean energy.
Enterprises shall give priority to the use of clean energy, adopt processes and equipment with high resource utilization rate and low pollutant emissions, as well as technologies for comprehensive utilization of waste and harmless treatment of pollutants, so as to reduce the generation of pollutants.
Article 41 The facilities for prevention and control of pollution in a construction project shall be designed, constructed and put into operation simultaneously with the main part of the project. Facilities for the 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 production and business 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 gases, radioactive substances, noise, vibration, light radiation, electromagnetic radiation, etc. generated in the course of production, construction or other activities.
Enterprises and institutions that discharge pollutants shall establish a responsibility system for environmental protection, specifying the responsibilities of the persons in charge of the units 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 forbidden to discharge pollutants illegally by means of hidden pipes, seepage wells, seepage pits, perfusion, tampering with or forging monitoring data, or abnormal operation of pollution prevention facilities to evade supervision.
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, and no unit or individual may intercept, occupy or divert them for other purposes.
Where environmental protection taxes are collected in accordance with the provisions of the law, no pollution discharge fee shall be collected.
Article 44 The State applies a system of total emission control of major pollutants. The total emission control targets of key pollutants shall be assigned by the State Council and implemented by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Enterprises and institutions shall, while implementing the national and local standards for the discharge of pollutants, abide by the total amount control targets for the discharge of major pollutants that have been broken down and implemented in their own units.
For areas that exceed the national total emission control targets for major pollutants or fail to meet the national environmental quality goals, the competent environmental protection department of the people's government at or above the provincial level shall suspend the examination and approval of the environmental impact assessment documents of the construction projects for their new total emission of major pollutants.
Article 45 The State shall, in accordance with the provisions of law, implement a system for the administration of emission permits.
Enterprises, institutions and other producers and operators that implement the administration of pollution discharge licenses shall discharge pollutants in accordance with the requirements of pollution discharge licenses; No pollutant may be discharged without a permit for pollutant discharge.
Article 46 The State applies an elimination system for processes, equipment and products that cause serious environmental pollution. No unit or individual may produce, sell, transfer or use processes, equipment and products that seriously pollute the environment.
It is prohibited to import technologies, equipment, materials and products that do not conform to China's environmental protection regulations.
Article 47 The people's governments at all levels and their relevant departments, enterprises and institutions shall, in accordance with the provisions of the Emergency Response Law of the People's Republic of China, do a good job in risk control, emergency preparedness, emergency disposal and post emergency recovery of environmental emergencies.
The people's governments at or above the county level shall establish a public monitoring and early warning mechanism for environmental pollution and organize the formulation of early warning plans; When the environment is polluted, which may affect the public health and environmental safety, the early warning information shall be published in a timely manner according to law, and emergency measures shall be initiated.
Enterprises and institutions shall, in accordance with the relevant provisions of the State, formulate emergency plans for environmental emergencies and submit them to the competent environmental protection departments and relevant departments for the record. When an environmental emergency occurs or is likely to occur, enterprises and institutions shall immediately take measures to deal with it, promptly notify the units and residents that may be endangered, and report to the competent environmental protection department and relevant departments.
After the emergency disposal of environmental emergencies is completed, the relevant people's government shall immediately organize an assessment of the environmental impact and losses caused by the incident, and promptly publish the assessment results to the public.
Article 48 The production, storage, transportation, sale, use and disposal of chemicals and articles containing radioactive substances shall comply with the relevant provisions of the State to prevent environmental pollution.
Article 49 People's governments at various levels and their agricultural and other relevant departments and institutions shall guide agricultural producers and operators in planting and breeding in a scientific and rational manner, apply pesticides, chemical fertilizers and other agricultural inputs in a scientific and rational manner, and dispose of agricultural wastes such as agricultural films and crop stalks in a scientific manner, so as to prevent agricultural non-point source pollution.
It is prohibited to put solid waste and waste water that do not conform to agricultural standards and environmental protection standards into farmland. Measures shall be taken to prevent heavy metals and other toxic and harmful substances from polluting the environment when applying agricultural inputs such as pesticides and chemical fertilizers and when conducting irrigation.
The site selection, construction and management of livestock and poultry breeding farms, breeding communities and designated slaughtering enterprises shall comply with relevant laws and regulations. Units and individuals engaged in livestock and poultry breeding and slaughtering shall take measures to scientifically dispose of livestock and poultry manure, carcasses, sewage and other wastes to prevent environmental pollution.
People's governments at the county level shall be responsible for organizing the disposal of rural domestic waste.
Article 50 People's governments at various levels shall allocate funds in their financial budgets to support environmental protection work such as the protection of rural drinking water sources, the treatment of domestic sewage and other wastes, the prevention and control of pollution from livestock and poultry breeding and slaughter, the prevention and control of soil pollution, and the prevention and control of pollution from rural industries and mines.
Article 51 People's governments at various levels shall make overall plans for urban and rural construction of sewage treatment facilities and supporting pipe networks, environmental sanitation facilities such as collection, transportation and treatment of solid waste, facilities and sites for centralized treatment of hazardous waste and other public facilities for environmental protection, and ensure their normal operation.
Article 52 The State encourages the purchase of environmental pollution liability insurance.
Chapter V Information Disclosure and Public Participation
Article 53 Citizens, legal persons and other organizations shall, in accordance with law, have the right to obtain environmental information, participate in and supervise environmental protection.
The competent environmental protection departments of the people's governments at all levels and other departments responsible for environmental protection supervision and administration shall publicize environmental information according to law, improve public participation procedures, and facilitate citizens, legal persons and other organizations to participate in and supervise environmental protection.
Article 54 The competent environmental protection department under the State Council shall uniformly release the national environmental quality, monitoring information on key pollution sources and other major environmental information. The competent environmental protection department of the people's government at or above the provincial level shall regularly issue environmental status bulletins.
The competent environmental protection departments of the people's governments at or above the county level and other departments responsible for supervision and administration of environmental protection shall, in accordance with law, disclose information on environmental quality, environmental monitoring, environmental emergencies, environmental administrative licensing, administrative penalties, and the collection and use of pollution discharge fees.
The competent environmental protection departments of the local people's governments at or above the county level and other departments responsible for supervision and administration of environmental protection shall record the information on environmental violations of enterprises, institutions and other producers and operators in the social integrity archives, and promptly publish the list of violators to the public.
Article 55 Key pollutant discharging units shall truthfully disclose to the public the names of their major pollutants, the methods of discharge, the concentration and total amount of their pollutants discharged, the excessive discharge, as well as the construction and operation of pollution prevention facilities, and accept social supervision.
Article 56 With respect to a construction project for which an environmental impact statement should be prepared according to law, the construction unit shall explain the situation to the public who may be affected when preparing the statement and fully solicit opinions.
After receiving the environmental impact report of a construction project, the department responsible for examining and approving the environmental impact assessment documents of the construction project shall make the full text public, except for matters involving state secrets and trade secrets; If it is found that the construction project has not fully solicited public opinions, the construction unit shall be instructed to solicit public opinions.
Article 57 Citizens, legal persons and other organizations shall have the right to report to the competent department of environmental protection or other departments responsible for supervision and administration of environmental protection any unit or individual that has committed acts of environmental pollution or ecological destruction.
If citizens, legal persons and other organizations find that local people's governments at various levels, competent environmental protection departments of people's governments at or above the county level and other departments responsible for environmental protection supervision and management fail to perform their duties according to law, they shall have the right to report to their superior organs or supervisory organs.
The organ receiving the report shall keep confidential the relevant information of the informant and protect the legitimate rights and interests of the informant.
Article 58 A social organization that meets the following conditions may bring a lawsuit in a people's court against acts that pollute the environment, damage the ecology, or damage social and public interests:
(1) Register with the civil affairs department of the people's government at or above the level of a city divided into districts according to law;
(2) Specialized in environmental protection public welfare activities for more than five consecutive years without illegal records.
If a social organization that meets the provisions of the preceding paragraph brings a lawsuit to a people's court, the people's court shall accept it according to law.
A social organization that brings a lawsuit may not seek economic benefits through litigation.
Chapter VI Legal Liabilities
Article 59 Enterprises, institutions and other production and business operators that discharge pollutants in violation of the law and are fined and ordered to make corrections, if they refuse to make corrections, the administrative organ that has made the decision on punishment according to law may, starting from the day following the day when the order for correction was made, impose a continuous penalty on the basis of the original amount of punishment on a daily basis.
The penalty of fines prescribed in the preceding paragraph shall be implemented in accordance with the relevant laws and regulations and the provisions determined by the operating costs of pollution prevention facilities, the direct losses or illegal gains caused by illegal acts and other factors.
Local regulations may, in light of the actual needs of environmental protection, increase the categories of illegal acts that are continuously punished on a daily basis as prescribed in the first paragraph.
Article 60 Enterprises, institutions and other production and business operators that discharge pollutants in excess of the pollutant discharge standards or the total amount control targets for major pollutants may be ordered by the competent environmental protection departments of the people's governments at or above the county level to take measures such as restricting production or stopping production for rectification; If the circumstances are serious, it shall be reported to the people's government with the power of approval for approval and ordered to suspend business or close down.
Article 61 Where a construction unit starts construction without submitting the environmental impact assessment document of a construction project according to law or without approval, the department responsible for supervision and administration of environmental protection shall order it to stop construction, impose a fine, and may also order it to restore the original state.
Article 62 Where a key pollutant discharging unit, in violation of the provisions of this Law, fails to disclose or truthfully discloses environmental information, the competent environmental protection department of the local people's government at or above the county level shall order it to do so, impose a fine on it and make a public announcement.
Article 63 If an enterprise, institution or other producer or operator commits one of the following acts, which does not constitute a crime, the competent environmental protection department of the people's government at or above the county level or other relevant departments shall transfer the case to the public security organ, and the persons who are directly in charge and other persons who are directly responsible shall be detained for not less than 10 days but not more than 15 days, in addition to being punished in accordance with the relevant laws and regulations; If the circumstances are relatively minor, the offender shall be detained for not less than five days but not more than ten days:
(1) The construction project is ordered to stop construction and refuses to carry out the environmental impact assessment according to law;
(2) Those who, in violation of the provisions of the law, discharge pollutants without obtaining a pollutant discharge license and are ordered to stop discharging pollutants and refuse to carry out the order;
(3) Unlawful discharge of pollutants through concealed pipes, seepage wells, seepage pits, perfusion, or falsification or forgery of monitoring data, or abnormal operation of pollution prevention and control facilities, or other means to escape supervision;
(4) Those who produce or use pesticides that are expressly prohibited by the State from production or use and are ordered to make corrections but refuse to do so.
Article 64 Anyone who causes damage due to environmental pollution or ecological damage shall bear tort liability in accordance with the relevant provisions of the Tort Liability Law of the People's Republic of China.
 
Article 65 Where environmental impact assessment institutions, environmental monitoring institutions and institutions engaged in the maintenance and operation of environmental monitoring equipment and pollution prevention and control facilities practice fraud in relevant environmental service activities and are responsible for environmental pollution and ecological damage, they shall, in addition to being punished in accordance with relevant laws and regulations, bear joint and several liabilities with other persons responsible for environmental pollution and ecological damage.
Article 66 The limitation period for bringing an action for compensation for environmental damage is three years, counting from the time when the party knew or should have known that it had suffered damage.
Article 67 The people's governments at higher levels and their competent environmental protection departments shall strengthen supervision over the environmental protection work of the people's governments at lower levels and their relevant departments. If it is found that the relevant staff member has committed an illegal act and should be punished according to law, it shall propose a punishment to the appointing or removing organ or the supervisory organ.
If an administrative penalty should be imposed according to law, but the competent environmental protection department concerned does not, the competent environmental protection department of the people's government at a higher level may directly make a decision on the administrative penalty.
Article 68 Where a local people's government at any level, the competent department of environmental protection of the people's government at or above the county level or any other department responsible for supervision and administration of environmental protection commits any of the following acts, the person directly in charge and the other persons directly responsible shall be given a sanction of recording a demerit, recording a major demerit or being demoted; If serious consequences are caused, they shall be dismissed or dismissed, and the main responsible person shall take the blame and resign:
(1) The administrative license is granted when the conditions for the administrative license are not met;
(2) Covering up environmental violations;
(3) Failing to make a decision that should be made according to law to order suspension of business or closure;
(4) Failing to timely investigate and deal with the behaviors such as excessive discharge of pollutants, discharge of pollutants by evading supervision, environmental accidents and ecological damage caused by failing to implement ecological protection measures;
(5) Sealing up or detaining the facilities and equipment of enterprises, institutions and other producers and operators in violation of the provisions of this Law;
(6) Tampering, forging or instigating to tamper with or forge monitoring data;
(7) Failing to disclose environmental information that should be disclosed according to law;
(8) Withholding, misappropriating or misappropriating the collected pollutant discharge fees for other purposes;
(9) Other illegal acts stipulated by laws and regulations.
Article 69 Anyone who violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter VII Supplementary Provisions
Article 70 This Law shall go into effect as of January 1, 2015.