On September 28th, 2010, Chinese Government issued the Interim Measures for Abrupt Environmental Emergency Plan Management, and stipulated that the Measures shall come into effect as of the issuance date.
It is stipulated in the Measures that enterprises that release pollutants; that manufacture, store, operate, utilize and transport hazardous goods; that produce, collect, store, transport, utilize and treat hazardous wastes and other enterprises where abrupt environmental events may occur shall compile environmental emergency plan.
According to the Measures, abrupt environmental emergency refers to the emergency caused by accidents or other accidental factors that leads to environmental pollution or damage, and injury or threat on public health and property.
Abrupt environmental emergency plan (hereinafter as “Environmental Emergency Plan”) refers to the plan or solution prepared to ensure a rapid, orderly and efficient emergency response and to reduce casualties and economic losses it brings about.
ENTERPRISES SHALL COMPILE, EVALUATE, RECORD AND AMEND THE ENVIRONMENTAL EMERGENCY PLAN
Enterprises’ environmental emergency plan shall include comprehensive environmental emergency plan, special environmental emergency plan and on-site disposal plan. In addition to the regular contents which are stipulated in the Measures, such as general principles, emergency command system and its authority and responsibility, prevention and early warning mechanism, emergency response, post-disposal, emergency support, monitoring system etc, an Enterprise Environmental Emergency plan shall include the following:
- The general situation, surrounding environment and environmental sensitive sites of the enterprise;
- The analysis of environmental hazard sources, mainly including their basic information, potential consequences and severity;
- The information about emergency material reserve, including the names and amounts of the emergency materials reserved in accordance with the quantity and nature of the hazard sources.
After the compilation of environmental emergency plan draft, enterprises shall organize an evaluation group to conduct an evaluation on the draft, and, according to the evaluation result, amend the draft promptly.
The environmental emergency plan compiled by enterprises shall be reported to the local competent administrative department of environmental protection for record no later than 30 days after being signed by the person chiefly in charge of the enterprise; the environment emergency plan of key enterprises under national monitoring shall be reported to provincial government administrative department of environmental protection no later than 45 days after being signed by the person chiefly in charge of the enterprise.
Environmental emergency plan shall be amended at least once every three years; either under the following circumstances, enterprises shall amend the plan timely:
- Changes in manufacturing techniques and technologies;
- Changes in related enterprises and staffs, or adjustments to emergency command system or the authority and responsibility;
- Changes in surrounding environment or environmental sensitive sites;
- Changes in laws, regulations and provisions that the environmental emergency plan is in accordance with;
- Other circumstances when administrative department of environmental protection or enterprises may consider appropriate to amend.
The amended environmental emergency plan shall be reported to its original record administrative department for a second record within 30 days after its amendment.
ENTERPRISES SHALL CARRY OUT EMERGENCY EDUCATION AND DRILLS
Enterprises shall carry out education about environmental emergency plan in an effective manner; conduct emergency plan training at least once every year; and carry out regular emergency drills and coordinate with and participate in the drills by government. After drills completed, enterprises shall evaluate the results and compile drill evaluation report to analyze the existing problems and come up with amendment advice.
LEGAL LIABILITY OF ENTERPRISES
Under circumstances where abrupt environmental emergency occurs or the damages are extended due to the enterprises’ failure to compile or enforce environmental emergency plan, person chiefly in charge and other persons in direct responsibility shall be imposed with disciplinary punishment；and they shall be prosecuted for the criminal responsibility if their conduct constitutes a crime.
Source : Ministry of Environmental Protection of the People’s Republic of China (Chinese only)
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