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II. THE ENVIRONMENTAL MONITORING SYSTEM IN SHANGHAI
[ II-A | II-B | II-C | II-D | II-E | II-F ]
F. Legislation and enforcement of statutes
Environmental laws provide the legal basis for monitoring and protection. Under the national framework of such laws and regulations, the Municipal Government of Shanghai develops a local architecture of environmental regulations, with regard to the state of its economic development and the character of its natural environment (table 3).
In 1995, three local regulations were issued, namely Measures for Pollution Prevention and Control of Hazardous Wastes of Shanghai, Tentative Provisions for Pollution Prevention and Control of Livestock of Shanghai, and Provisions for Installation and Use of Air Conditioners in Shanghai. Revisions were made to the Bylaw of Regulation on Water Source Protection of the Upper Reaches of the Huangpu River. As regards the increasing noise in urban areas, two announcements were additionally issued: an announcement on Rigid Restriction on Building Construction Work at Night as Measure for Prevention and Control of Ambient Noise Pollution, and an announcement on Tightening up Environmental Management in Catering, Environment and Other Service Trades. In battling against the problem of automobile exhaust fumes which is becoming a significant factor in urban air pollution, SEPB and the Shanghai Public Security Bureau jointly issued in August, 1996 the Announcement of Coercive Measures for Installing Exhaust Gas Purifying Device on Vehicles, and Measures for Collecting Pollution Discharge Fee from Automobiles of Shanghai in December, 1996.
Table 3. The architecture of environmental regulations in Shanghai
| Basic law |
Shanghai Environmental Protection Regulation |
| Regulations of organization |
Provision of administrative organization in Environmental Protection Agency
Provision of administrative organization in Natural Resource Management Agency
Provision of institutional organization in Environmental Protection Agency
Provision of institutional organization in Natural Resource Management Agency
Measures of document management in environmental protection
Measures of statistical management in environmental protection
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| Regulations of environmental management |
Regulation of environmental planning management
Regulation of urban environmental management
Regulation of rural environmental management
Regulation of environmental protection of on-going construction projects
Regulation of comprehensive environmental management
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| Regulations of pollution prevention and control |
Regulation of water pollution prevention and control
Regulation of air pollution prevention and control
Regulation of noise pollution prevention and control
Regulation of hazardous wastes pollution prevention and control
Regulation of radioactive pollution prevention and control
Regulation of marine pollution prevention and control |
| Regulations of natural resource protection |
Measures of the protection law of wildlife of PRC
Measures of the water law of PRC
Measures of the land law of PRC
Tentative provision of tidal flat management
Regulation of park management
Regulation of gardening and afforestation
Provision of aquatic breeding protection
Provision about eco-agricultural development |
| Regulations of procedure |
Management measures of mediation in environmental protection
Management measures of arbitration in environmental protection
Administrative procedure of enforcement in environmental protection
Administrative procedure of punishment in environmental protection
Administrative procedure of re-argument in environmental protection |
| Stands |
Comprehensive standards of wastewater discharge
Comprehensive standards of air pollutant emission
Standard of noise emission
Standard of drinking water
Standard of surface water
Standard of fishery water
Standard of irrigation water |
With the legal backing of various environmental laws and regulations, Shanghai has been able to strengthen their enforcement. Two unscheduled general city checks and 991 spot checks were conducted in 1994, as a result of which the Huilong Chemicals Factory in Jiading was severely punished for its violation of laws by secretly discharging waste water, and the Xinhong Dyeing Company, which had discharged a huge extra volume of waste water, was ordered to stop production. In 1995, five unscheduled checks were organized city-wide and 771 penalties were handed out, with total fines reaching Y 2,350,000.
Public involvement has proved to be effective in assisting in the enforcement of environmental laws. SEPB utilizes the mass media, education courses in secondary schools, and on-street counselling to enhance public awareness of environmental protection, and to invite public participation in the enforcement of the environmental laws. In 1995, letters from citizens complaining about environmental problems and abuses increased by 35 per cent compared to 1994, indicating that stronger public involvement and interest has been achieved.
As regards any disputes in the enforcement of environmental laws, the two sides involved have the right to submit evidence or justification for a re-examination of the case to a higher administrative department in the environmental protection agencies. In case of failure, the court shall give its final judgment.
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