Order of the Shenzhen Municipal People’s Government

No. 109

       Measures of the Shenzhen Special Economic Zone on the Management of Environmental Protection in the Service Sector was deliberated and adopted at the 44^th Executive Meeting of the Third Session of the Municipal Government, now is promulgated, and shall take effect as of March 1, 2002.

                                                 Mayor Yu Youjun

                                                 February 11, 2002

Measures of the Shenzhen Special Economic Zone on the Management of Environmental Protection in the Service Sector

       Article 1 In order to strengthen the environmental management in the service sector, control the environmental pollution, ensure the human health, and promote the coordinated development of the environmental protection and economic construction, these measures are hereby formulated in accordance with the related laws, regulations of the state and in the light of the practical conditions of the Shenzhen Special Economic Zone.

       Article 2 These measures shall apply to the service enterprises such as hotels, restaurants of Western and Chinese cuisine, bars, song and dance halls, recreational parks, audio-video show houses, hygienic and cosmetic service salons, fitness centers, laundries, gas stations, car washing places, motor vehicle repairing and service shops, etc. and individual operators (hereinafter referred to as service enterprises).

       The environmental management of the public dining halls of enterprises and institutions shall be conducted in the light of these measures.

       Article 3 The administrative department of the municipal people’s government in charge of environmental protection (hereinafter referred to as the municipal department of environmental protection) shall conduct the unitary supervision and administration of the environmental protection in the service sector. The administrative departments of the various district people’s governments in charge of environmental protection (hereinafter referred to as the district department of environmental protection) shall conduct the unitary supervision and administration of the environmental protection in the service sector within their jurisdictions.

       The related administrative departments in charge of planning, construction, industrial and commercial administration, public security, culture, health, urban management, economy and trade, etc. shall conduct the supervision and administration of the environmental protection in the service sector jointly with the departments of environmental protection according to their respective duties.

       Article 4 The location and distribution of service items shall meet the requirements of urban planning and environmental protection.

Construction, reconstruction, extension and relocation (hereinafter referred to as construction) of service items shall abide by the laws, regulations on the environmental management of construction projects.

City parks at the municipal level shall not lease their space for business operations.

Article 5 It shall be prohibited in the following areas and places to set up the service items which cause soot, foul smell, noise, vibration, thermal pollution:

(1)   residential buildings;

(2)   commercial and multiple-purpose buildings without special chimneys;

(3)   the stories adjacent to the residential section in a multiple-purpose buildings for commerce and residence;

(4)   residential areas, cultural and educational areas, recuperation areas, and other special areas (except the accessory service facilities to meet the requirements of area planning).

It shall be prohibited to set up discotheques in a multiple-purpose building for

commerce and residence.

       Owners and property managers shall not lease, loan, contract the real estate listed in the previous two sections to other units and individuals who operate the service items causing soot, foul smell, noise, vibration, thermal pollution.

       Article 6 As for those service items which were set up before these measures take effect and cause soot, foul smell, noise, vibration, thermal pollution which do not meet the discharge standards set by the state, the department of environmental protection shall order rectification by a deadline; in case of failure to meet the state standards after the deadline, the department of environmental protection shall do checkup, conduct investigations, and impose punishments according to law.

       Article 7 Restrictions shall be imposed on setting up the service items, which cause soot, foul smell, noise, vibration, and thermal pollution, in the areas adjacent to residential areas, cultural and educational areas, recuperation areas or other special areas.

       If it is indeed necessary to set up the service items, which cause soot, foul smell, noise, vibration, and thermal pollution, in the areas referred to in the previous section, the construction unit shall submit the project’s environmental impact statement and plan of pollution control to the related units and residents in the place where the project is located and ask for their opinions; the construction unit shall adopt the reasonable opinions.

       Article 8 The commercial buildings, multiple-purpose buildings, where the service items causing the soot pollution are set up, shall be equipped with special chimneys.

       As for the construction, reconstruction and extension of the buildings referred to in the previous section, they shall be reported to the department of environmental protection for examination and acceptance before being put to use.

       Article 9 Service enterprises shall be encouraged to use clean energy such as pipeline gas, liquefied gas, electric power, etc.

       The service items within the service area of pipeline gas shall not use coal, oil as fuel; those without the service area of pipeline gas shall not use coal as fuel.

       As for the service items which were set up before these measures take effect and use coal as fuel, the department of environmental protection shall order substitution of clean energy such as pipeline gas, liquefied gas, electric power, etc. within 6 months.

       If it is indeed necessary to use oil as fuel because of safety of fire control, it shall be examined and approved by the department of public security in charge of firefighting.

       Article 10 Service enterprises shall dispose the produced waste water through oil insulation.

       If the service items are located in the drinking water protection zones and the environmental function zones of the sea area of Category II and their waste water discharge has not been brought into the municipal network of drain pipes, the waste water disposal facilities shall be built and the waste water shall be discharged after meeting the standards through treatment.

       Article 11 Service enterprises shall properly collect the oil-bearing waste (hereinafter referred to as swill oil) coming out of the oil insulation treatment of the produced waste oil and other oil-bearing waste, waste water, and turn it over to the units, which have the appropriate certificates of the technological qualifications of the environmental protection industry issued by the municipal department of environmental protection, for centralized disposal, and it shall not be discharged into sewers or dumped at will.

       The units and individuals without certificates shall not be engaged in collection, disposal of waste oil and other oil-bearing waste, swill oil.

       Swill oil and its products after processing and treatment shall not be used for food and drink.

       Article 12 Service enterprises shall properly collect leftovers of meals and turn them over to the public sanitation department for comprehensive use or disposal. The collection, shipping, and utilization of leftovers shall meet the requirements of the urban management for the city appearance and environmental sanitation, and accept the supervision and management of the department of urban management.

       Article 13 The service enterprises, which cause soot, smoke, foul smell, shall build pollution treatment facilities as their accessories, and the soot, smoke, foul smell shall be discharged after meeting the standards through treatment.

       Article 14 Service enterprises shall not set up and use outdoor sound equipments causing noise pollution.

      Service enterprises shall make rectification for the produced noise, vibration, and meet the prescribed standards of noise, vibration.

       Article 15 In case of violation of the first, second sections of Article 5 of these measures by operating service items without authorization, the department of environmental protection having the authority to examine and approve the item shall order stopping construction, stopping business, or dismantling, and impose a fine of more than 5,000 but less than 20,000 RMB; if the circumstances are serious, a fine of more than 20,000 but less than 100,000 RMB shall be imposed.

       If the owner and property manager of a real estate, in violation of the third section of Article 5, have leased, loaned, contracted the real estate to the other unit and individual to set up a service item causing soot, foul smell, noise, vibration, thermal pollution, a fine of more than 2,000 but less than 10,000 RMB shall be imposed in addition to an order to stop business.

       Article 16 If one of the following acts has been taken, the department of environmental protection shall order correction and impose a fine of more than 2,000 but less than 10,000 RMB:

(1)   in violation of the first section of Article 10 of these measures, failing to dispose waste water thorough oil insulation;

(2)   in violation of the first section of Article 11 of these measures, turning over waste oil and other oil-bearing waste, swill oil  to the units and individual without the appropriate certificates of technological qualifications of the environmental protection industry for collection and disposal, and discharging or dumping without authorization;

(3)   in violation of the first section of Article 14 of these measures, setting up and using outdoor sound equipments causing noise pollution.

Article 17 If one of the following acts has been taken, the department of

environmental protection or other departments of supervision and administration shall order correction and impose a fine of more than 10,000 but less than 50,000 RMB:

(1)   in violation of the second section of Article 9 of these measures, failing to use clean energy according to the rules;

(2)   in violation of the third section of Article 9 of these measures, failing to make rectification after the deadline;

(3)   in violation of the second section of Article 10 of these measures, failing to build the waste water disposal facilities or discharging in excess of the standards;

(4)   in violation of Article 13 of these measures, failing to build the facilities as accessories to treat soot, smoke, foul smell or discharging soot, smoke, foul smell in excess of the standards.

Article 18 In case of violation of the third section of Article 11 of these measures

by using swill oil and its products after processing for food and drink, the department of industrial and commercial administration or other departments of supervision and administration shall confiscate the illegal earnings of processors or distributors, and impose a fine of more than 20,000 but less than 300,000 RMB.

       Article 19 In case of failing to make rectification by the deadline, the department of environmental protection shall order stopping the use of the equipments causing pollution, and impose a fine of more than 10,000 but less than 50,000 RMB; if the circumstances are serious, the department of environmental protection shall order stopping business, closing, dismantling according to law, and impose a fine of more than 20,000 but less than 100,000 RMB.

       When the department of environmental protection makes an administrative decision and administrative sanction decision to order stopping business, closing or dismantling according to the previous section and Article 6 of these measures, it shall submit a proposal to the related responsible administrative department to revoke the certificates such as business license, administrative license, qualification certificate, the related administrative department shall take the corresponding measures according to laws, regulations.

       Article 20 If a party concerned refuses to accept the administrative sanction, an application may be filed for administrative review or legal action may be directly taken at the people’s court.

       Article 21 The service enterprises causing environmental pollution and damage shall have the liability to eliminate the pollution, get rid of the damage, and make compensations for the loss of the units or individuals who have suffered the damage caused by the pollution.

       The dispute on the liability to compensate and the sum of compensation shall be settled by the department of environmental protection at the request of the parties concerned.

       If a party concerned refuses to accept the decision on settlement, legal action may be taken at the people’s court. The party concerned may also take legal action directly at the people’s court.