No. 287 Order of Wuhan Municipal People’s Government

It is hereby promulgated that the Measures of Wuhan Municipality for the Administration of the Prevention and Control of Dust Pollution have been adopted at the 54th Executive Meeting of Wuhan Municipal Peoples Government on April 10, 2018, and shall be implemented as of July 1, 2018. 

  

Mayor: Wan Yong 

 May 16, 2018 

  

 

Measures of Wuhan Municipality for the Administration of the Prevention and Control of Dust Pollution 

  

Chapter One   General Provisions 

Article 1   With a view to effectively preventing and controlling the dust pollution, improving the ambient air quality, and protecting the public health, these Measures are formulated in accordance with the Environmental Protection Law of the People's Republic of China, the Law of the Peoples Republic of China on the Prevention and Control of Atmospheric Pollution, and other relevant laws and regulations, and in the light of the actual situation of this Municipality.  

Article 2   These Measures are applicable to the prevention and control of dust pollution within the administrative areas of this Municipality. 

Article 3   The term dust pollution as used in these Measures refers to the air pollution caused by dust particles that are produced in project construction, demolition of buildings (structures), road cleaning, transportation and piling of materials, greening and maintenance, and other activities, as well as by the bare land. 

Article 4   The prevention and control of dust pollution shall adhere to the principle of government leadership, territorial administration, department supervision, and accountability, that is, whoever causes the pollution shall be accountable for the prevention and control. 

Article 5   The Municipal People's Government and the peoples governments at the district level (incl. the administrative committee of Wuhan East Lake High-tech Development Zone, the administrative committee of Wuhan Economic and Technological Development Zone, and the administrative committee of Wuhan East Lake Eco-tourism Scenic Spot, the same below) shall strengthen their leadership and take the overall responsibility for the prevention and control of dust pollution within their respective jurisdictions, set up a work coordinating mechanism and regularly study the situation of prevention and control of dust pollution. The competent departments of environmental protection shall take the lead in the establishment of the work coordinating mechanism by the Municipal People's Government and the peoples governments at the district level, while the latter is, under this mechanism, specifically responsible for coordinating and supervising other relevant administrative departments in the performance of their duties in the prevention and control of dust pollution, coordinating and dealing with the prominent problems, and organize and evaluate the prevention and control work. 

Article 6   The competent departments of environmental protection exercise overall supervision and administration over the prevention and control of dust pollution, and are specifically responsible for the supervision and administration of the prevention and control of dust pollution from the material storage yards of industrial enterprises. 

The competent departments of urban and rural construction are responsible for the supervision and administration over the prevention and control of dust pollution from building construction projects, municipal infrastructure projects, and premix of concrete and mortar. 

The competent departments of urban management are responsible for the supervision and administration over the prevention and control of dust pollution from the transport and disposal of construction wastes, road cleaning, road temporary excavation, gas projects, and municipal heat supply pipework. 

The competent departments of transport are responsible for the supervision and administration over the prevention and control of dust pollution from traffic construction, sand and stone transport, port material storage yards, and roads (including national highways, provincial highways and expressways) within their power. 

The competent departments of land and resources are responsible for the supervision and administration over the prevention and control of dust pollution from land reserve, mining and quarrying. 

The competent departments of water affairs are responsible for the supervision and administration over the prevention and control of dust pollution from water works. 

The competent departments of landscape and forestry are responsible for the supervision and administration over the prevention and control of dust pollution from greening and maintenance works. 

The traffic administrations under the public security organs are responsible for investigating and dealing with the illegal acts of road traffic committed by vehicles transporting construction wastes and premixed concrete, verifying and determining their driving routes and passage times, and cooperating with the competent departments of urban management in investigating and dealing with such illegal acts of the above-mentioned vehicles as non-enclosed transport or spillage and leakage on the way. 

The people's governments at the district level shall designate specific departments to be responsible for the supervision and administration over the prevention and control of dust pollution from the demolition of buildings (structures) within their respective districts. The municipal competent department of urban and rural construction is responsible for guiding and supervising the prevention and control of dust pollution from the demolition of legal buildings (structures) in all districts. The municipal competent department of urban management is responsible for guiding and supervising the prevention and control of dust pollution from the demolition of illegal buildings (structures) in all districts.  

Other competent departments and entities shall, in line with their respective functions and duties, jointly supervise and administer the prevention and control of dust pollution. 

Article 7   The competent departments of environmental protection shall, jointly with the relevant departments, formulate the plans for the prevention and control of dust pollution and submit them to the people's governments at the same level for approval before implementation. 

The competent departments of urban and rural construction, urban management, transport, land and resources, water affairs, and landscape and forestry, as well as the developers of major projects shall, in accordance with the provisions of these Measures and the plans for the prevention and control of dust pollution, formulate the specific measures for the prevention and control so as to reduce dust pollution. 

Article 8   Relevant trade associations and enterprises are encouraged and supported to work out and implement their own regulations for the prevention and control of dust pollution and to strengthen their self-discipline. 

Article 9   A developer, while developing a construction project that may cause dust pollution, shall abide by the following provisions : 

(1) Its EIA (environmental impact assessment) report shall include the measures for the prevention and control of dust pollution during construction; 

(2) When going through the registration formalities for safety supervision before commencement of the works, it shall submit its measures or plans for the prevention and control of dust pollution to the relevant competent departments; 

(3) It shall incorporate in its project cost the cost for the prevention and control of dust pollution, and shall, before commencement of the works, allocate the full amount of cost to the construction entity for the dedicated use; and 

(4) When signing a project supervision contract with a supervision entity, it shall require the supervision entity to incorporate the dust pollution into the scope of project supervision. 

Article 10   A construction project shall, during its construction, meet the following requirements concerning the prevention and control of dust pollution : 

(1) Enclosed fences shall be set up around the construction site as required, with a height of not less than 2.5 meters; 

(2) The main roads at the construction site shall be hardened, and the damaged roads around the site shall be repaired in time, along with sprinkling or other dust suppression measures adopted; 

(3) Flushing tanks, drainage ditches, sedimentation tanks and other facilities shall be installed at the construction site, and transport vehicles may not leave the site until they are free of mud and flushed clean; 

(4) If the construction works may produce slurry, slurry tanks and slurry ditches shall be provided to prevent the overflow of slurry, and the discarded slurry shall be cleaned and carried away by sealed tank trucks; 

(5) Premixed concrete and mortar shall be used at the construction site as provided; 

(6) If the construction works are liable to cause dust pollution, water sprinkling, spraying or other preventive measures shall be taken to control the dust without affecting the safety; 

(7) For the delivery of bulk materials, construction wastes and dregs during the construction of buildings (structures), enclosed transport shall be adopted and throwing or spreading from the air is prohibited; 

(8) For the engineering materials, sand, stone, earth or other materials that are liable to produce dust and the construction wastes that cannot be cleaned up and carried away within 48 hours, preventive measures such as the use of fences or covers shall be taken to control the dust caused by those stacked on the construction site; and 

(9) If a construction site has been left idle or shut down for more than three months, its bare land shall be temporarily greened or paved. 

Article 11   A construction entity that demolishes houses or other buildings (structures) shall, in addition to its compliance with Items (1), (2), (6), (7) and (8) of Article 10 of these Measures, sprinkle or spray water on the demolished houses or other buildings (structures) without affecting the construction safety. 

A site shall be planted or covered if it has not been developed or used yet for more than three months after demolition of its houses or other buildings (structures). 

Article 12   Vehicles transporting bulk or fluid materials such as coal, garbage, sand, stone, earth or mortar shall be sealed or provided with other measures to prevent dust pollution caused by the scattering of their loaded materials, and shall run along the given routes. 

Enclosure, spraying or other measures shall be taken when loading and unloading materials to prevent dust pollution. 

Article 13   The cleaning of urban roads shall meet both the quality standards of this Municipality for city appearance and environmental sanitation works and the following requirements on dust control: 

(1) Except for rain, snow, or the weather with the lowest temperature below 2 degrees Celsius, the motor lanes of urban main roads shall be sprinkled or washed with water at least once a day; 

(2) Mechanized cleaning shall be practiced on urban main roads, and is also recommended for other roads; and 

(3) Manual cleaning, if adopted, shall conform to the service standards for city appearance and environmental sanitation works. 

For open-air public places such as squares, parks, parking lots, stations and markets, their business operators shall do the cleaning as provided in the preceding paragraph to prevent dust pollution. 

Article 14   The greening, maintenance and sewer dredging works shall meet the following requirements on dust control: 

(1) Planting soil, discarded soil and the waste dredged from sewers shall be piled up on a felt without directly contacting the road surface; 

(2) Where street trees cannot be planted within 48 hours after excavation of their pits, the pits and planting soil shall be covered or provided with other preventive measures for dust control, and if necessary, fences may be set up. After completion of the planting of street trees, the remaining soil and other materials shall be cleared and transported away on the same day;or be covered otherwise. 

(3) The bare land in green belts and under street trees shall be greened or paved with permeable materials; and 

(4) Sites shall be cleaned up in time after completion of the greening, maintenance and sewer dredging works. 

Article 15   Yards, open-air warehouses and other places piled with materials that are liable to cause dust pollution, as well as enterprises producing premixed concrete and mortar, shall meet the following requirements: 

(1) The ground shall be hardened; 

(2) Fences or other enclosed storage facilities shall be used with spraying or other anti-dust equipment; 

(3) Frequent loading and unloading of raw materials used for production shall be carried out in confined workshops, and in open-air storage yards, preventive measures such as water sprinkling shall be taken to control the dust from loading and unloading works; and 

(4) Washing and cleaning facilities shall be provided for transport vehicles at the exits. 

Article 16   The bare land in the areas of urbanized management of this Municipality shall be greened or paved. The relevant responsibilities shall be defined as follows: 

(1) The bare land in an entity shall fall under the responsibility of the entity; 

(2) The bare land in a residential area shall fall under the responsibility of the property service enterprise, or in absence of a property service enterprise, under the responsibility of its management entity or the local sub-district office; 

(3) The bare land on municipal roads, along rivers and in public green spaces shall fall under the responsibility of the competent departments of urban management, water affairs, landscape and forestry or the relevant owners; 

(4) The bare land on a piece of reserved land shall fall under the responsibility of its land reserve institution, and fences with a height of not less than 2.5 meters shall be set up; and 

(5) The bare land on a piece of unused land shall fall under the responsibility of the person with land use right. 

Article 17   The relevant departments of the people's governments at the district level and of the Municipal People's Government shall well arrange the work of prevention and control of dust pollution in accordance with the temporary control measures for air-polluted weather that have been released with the consent of the Municipal People's Government, while other relevant entities shall cooperate actively. 

Article 18   The municipal competent department of environmental protection shall, jointly with other competent departments concerned, analyse the sources of particulate matters in urban ambient air, and determine and publicize a list of major dust pollution sources with consideration of the factors such as the project scale and the production capacity. The list of major dust pollution sources shall be dynamically adjusted according to the construction situation. 

Entities listed as major dust pollution sources shall install the automatic dust monitoring equipment and its supporting facilities, and connect them with the monitoring platform of the competent departments of environmental protection to ensure their normal operation and normal data transmission. 

Without authorization, no unit or individual may dismantle the automatic dust monitoring equipment and its supporting facilities or leave them idle. 

Article 19   A construction entity, an entity who is demolishing its buildings (structures), or a land reserve institution shall set up a management responsibility board separately at the main entrances and exits of its construction site, demolition site or bare land to publicize such information as the measures for the prevention and control of dust pollution, the responsible entity and the responsible persons. 

All units and individuals shall have the right to dissuade others from committing the acts that cause dust pollution in violation of these Measures, or report or complain against such acts. 

Article 20   For any violation of these Measures, if laws, regulations or rules have provided the legal responsibility, such provisions shall prevail. 

Article 21   If any construction entity, any entity who is demolishing its buildings (structures), or any land reserve institution, in violation of the provisions of these Measures, fails to set up a management responsibility board to publicize the relevant information on the prevention and control of dust pollution, it shall be ordered respectively by the competent department of engineering construction, by the supervisory department designated by the people's government at the district level or by the municipal competent department of land and resources to make corrections within a specified time limit. If it fails to do so, a fine of RMB 2,000 shall be imposed. 

If any construction entity or any entity who is demolishing its buildings (structures) refuses to apply temporary controls in air-polluted weather, it shall be ordered respectively by the competent department of engineering construction or by the supervisory department designated by the people's government at the district level to make corrections, and be concurrently fined not less than RMB 10,000 but not more than RMB 50,000. 

Article 22   Whoever, in violation of the provisions of these Measures, fails to install or ensure the normal operation of the automatic dust monitoring equipment as required, or dismantles the automatic dust monitoring equipment or leaves it idle without authorization, shall be ordered by the competent department of environmental protection to make corrections within a specified time limit and be concurrently fined not less than RMB 10,000 but not more than RMB 50,000. 

Article 23   Any competent department or any of its functionaries that fails to perform according to law the responsibilities for the supervision and administration over the prevention and control of dust pollution shall be ordered by the department concerned, the supervisory organ or the competent department at a higher level to make corrections. If the circumstance is serious, the responsible persons directly in charge and other persons directly in charge shall be given a sanction according to law. If a crime is constituted, criminal responsibility shall be investigated according to law. 

Article 24   These Measures shall come into force as of July 1, 2018.  

  

 

  

To: 

People’s governments at the district level, departments of the Municipal Peoples Government. 

Office of Legislative Affairs of the Provincial Peoples Government. 

General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties. 

General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and Procuratorate. 

News agencies, enterprises and institutions affiliated to ministries. 

General Office of Wuhan Municipal People’s Government 

Printed and Distributed on May 22, 2018