II. THE ENVIRONMENTAL MONITORING SYSTEM IN SHANGHAI
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
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.