Measures for the Administration of Environmental Surveillance
Promulgation
07-25-2007
date:
Effective date: 09-01-2007
Department:
Subject:
State Administration of Environmental
Protection
Environmental Protection
Order of the State Environmental Protection Administration
(No. 39)
The Measures for the Administration of Environmental Surveillance are hereby issued and shall be
effective as of September 1, 2007.
Director-General of the State Environmental Protection Administration: Zhou Shengxian
July 25, 2007
Measures for the Administration of Environmental Surveillance
Article 1 In order to strengthen the administration of environmental surveillance, these Measures
have been made in accordance with the Law on Environmental Protection and other relevant laws
and administrative regulations.
Article 2 These Measures shall apply to the administration of the following environmental
surveillance activities of an environmental protection authority at or above the county level:
1. Environmental quality surveillance;
2. Supervisory surveillance of pollution sources;
3. Environmental pollution emergency response surveillance; and
4. Other environmental surveillance activities for the provision of surveillance data for such
environmental administrative activities as investigation and assessment of the environmental
condition.
Article 3 The environmental surveillance shall be a statutory responsibility of an environmental
protection authority at or above the county level.
An environmental protection authority at or above the county level shall build an advanced
environmental surveillance system according to the requirements for accurate data, strong
representativeness, scientific methods and timely transmission, so as to provide a policy basis for
such environmental administrative work as fully reflecting the environmental quality and trend of
changes, timely tracing the changes of pollution sources and accurately warning of various
environmental emergencies.
Article 4 An environmental protection authority at or above the county level shall uniformly
supervise and administer the environmental surveillance within its administrative region, and
perform the following primary functions:
1. Making and organizing the implementation of an environmental surveillance development scheme
and an annual working plan;
2. Forming a directly subordinate surveillance body, and organizing and implementing the building
of environmental surveillance capabilities according to the state standards for the building of
environmental surveillance bodies;
3. Establishing a quality review and inspection system of environmental surveillance work;
4. Organizing the compilation of an environmental surveillance report, and releasing the
environmental surveillance information;
5. Legally forming an environmental surveillance network, establishing a network administrative
system, and organizing the administration of network operation; and
6. Organizing the science and technology research on environmental surveillance and the
international cooperation and technical exchange.
The State Environmental Protection Administration shall form, in good time, a directly subordinate
cross-border environmental surveillance body.
Article 5 A subordinate environmental surveillance body of an environmental protection authority at
or above the county level shall specifically do the following major technical support work on
environmental surveillance:
1. Carrying out the environmental quality surveillance, supervisory surveillance of pollution sources,
and environmental pollution emergency response surveillance;
2. Building and operating an environmental surveillance network, collecting and managing the
environmental surveillance data, carrying out the investigation and assessment of environment
condition, and compiling an environment surveillance report;
3. Taking charge of the technical training of environmental surveillance staff;
4. Carrying out the science and technology research in the field of environmental surveillance, the
research on technical specifications and rules for environmental surveillance, and the international
cooperation and exchange; and
5. Carrying out other technical support work on environmental surveillance as delegated by the
environmental protection authority.
Article 6 The State Environmental Protection Administration shall be responsible for making
uniform technical specifications for environmental surveillance according to law.
A provincial environmental protection authority may make local technical specifications for
environmental surveillance in respect of matters not include in the state technical specifications for
environmental surveillance, and shall submit the same to the State Environmental Protection
Administration for archival purposes.
Article 7 An environmental protection authority at or above the county level shall be responsible for
uniformly issuing environmental surveillance information on environmental pollution accidents,
environmental quality condition, etc. within its administrative region.
In case of any discrepancy between the results of environmental surveillance by the relevant
authorities, the environmental protection authority at or above the county level shall uniformly issue
the results after submitting the same to and coordinating with the same-level people’s government.
No entity or individual shall make available to the public or disclose any environmental surveillance
information except as released according to law.
The environmental data, materials and achievements within the extent of confidentiality shall be
managed according to the relevant confidentiality provisions of the state.
Article 8 The environmental surveillance data acquired according to these Measures by a
subordinate environmental surveillance body of an environmental protection authority at or above
the county level shall be taken as the basis for such environmental administration as environmental
statistics, pollution emission declaration assessment, pollution emission fee collection,
environmental law enforcement and target responsibility assessment.
Article 9 An environmental protection authority at or above the county level shall be responsible for
organizing the building of a state, provincial, municipal or county environmental surveillance
network according to the representativeness of environmental surveillance, and delegate the
responsibility for network operation to its subordinate environment surveillance body.
Article 10 An environmental surveillance network shall be composed of the points (sections) of
various essential elements of environmental surveillance.
The setting, change and operation of the environmental surveillance points (sections) shall be
subject to the relevant provisions of the State Environmental Protection Administration.
The points (sections) of various large water systems or areas shall be within the state environmental
surveillance network.
Article 11 The subordinate environmental surveillance bodies of the environmental protection
authorities shall be divided into four levels: state, provincial, municipal and county, according to the
levels of the environmental protection authorities.
A superior environmental surveillance body shall strengthen the operational guidance and technical
training of a subordinate environment surveillance body.
Article 12 An environmental surveillance body of an environmental protection authority shall have
the capabilities and conditions appropriate for their environmental surveillance operations, and
gradually reach the state standards for the building of environmental surveillance capabilities,
according to the requirements and time limits as set forth in the approved environmental protection
scheme.
The specialized technical staff engaging in environmental surveillance of an environmental
surveillance body of an environmental protection authority shall receive the specialized technical
training, and may take post only after passing the environment surveillance post examination or
assessment organized uniformly by the State Environmental Protection Administration.
Article 13 An environmental protection authority at or above the county level shall examine and
inspect the environmental surveillance quality within its administrative region.
The environmental surveillance bodies at all levels shall carry out environmental surveillance
according to the state technical specifications for environmental surveillance, shall establish an
environmental surveillance quality control system to implement the full process quality control of
environmental surveillance, and shall be responsible for the accuracy and authenticity of
surveillance information.
Article 14 An environmental protection authority at or above the county level shall establish an
environmental surveillance database to implement computerized management of environmental
surveillance data, strengthen the gathering, sorting, analysis and storage of environmental
surveillance data, and regularly submit the environmental surveillance data to the superior
environmental protection authority level by level according to the requirements of the State
Environmental Protection Administration.
The environmental protection authorities at all levels shall gradually establish an information
sharing system of environmental surveillance data.
Article 15 A uniform sign shall be used in the environmental surveillance work.
An environmental surveillance staff member shall wear an environmental surveillance sign, an
environmental surveillance station shall set up an environmental surveillance sign, an environmental
surveillance vehicle shall have an environmental surveillance sign printed on it, and an
environmental surveillance report shall include an environmental surveillance sign.
The uniform environmental surveillance sign shall be made by the State Environmental Protection
Administration.
Article 16 No entity or individual shall wreck or burglarize environment surveillance facilities.
Article 17 An environmental protection authority at or above the county level shall coordinate with
the relevant authorities to include funds necessary for the environmental surveillance work, such as
funds for the investment in the building of and for the operation of an environmental surveillance
network, fully in the annual fund budget of the same-level fiscal authority.
Article 18 An environmental protection authority at or above the county level or any of its working
staff, an environmental surveillance body or any of its environment surveillance staff, under any of
the following circumstances, shall be given an administrative sanction by the appointment and
removal authority or supervisory authority according to the powers of administration; where a crime
is involved, shall be delivered to the judicial authority for handling according to law:
1. Failing to carry out the environmental surveillance activities according to the state technical
specifications for environmental surveillance;
2. Refusing to submit the environmental surveillance data or twice failing to submit the same within
a prescribed time limit;
3. Forging or altering the environmental surveillance data; or
4. Making available to the public the environmental surveillance information without permit.
Article 19 A pollution emitter that refuses or obstructs the environmental surveillance working staff
to carry out the environmental surveillance activities or makes falsehood shall be given an
administrative sanction by an environmental protection authority at or above the county level
according to law; where a violation of the public security administration is constituted, the public
security organ shall impose an administrative penalty for public security; where a crime is
constituted, the criminal liability shall be established according to law.
Article 20 Anyone that wrecks or burglarizes an environmental surveillance facility shall be
delivered by an environmental protection authority at or above the county level to the public security
organ, and the public security organ shall impose a detention of not less than 10 days but not more
than 15 days according to the Law on the Administrative Penalties for Public Security; where a
crime is constituted, the criminal liability shall be established according to law.
Article 21 A pollution emitter must carry out the self-surveillance of pollution emission according to
the requirements of an environment protection authority at or above the county level and the state
technical specifications for environmental surveillance.
Where a pollution emitter meets the capability requirements and technical conditions as provided for
by the state according to the state technical specifications for environmental surveillance after
examination by an environmental surveillance body of an environmental protection authority, the
surveillance data of it shall be the basis for assessing the types and quantities of pollutants emitted.
A pollution emitter that does not have the environmental surveillance capabilities shall authorize an
environmental surveillance body of an environmental protection authority or an environmental
surveillance body accredited by a provincial environmental protection authority to carry out the
surveillance; the funds necessary for the surveillance activities carried out by the authorized
environmental surveillance body shall be disbursed by the authorizer, and the standards of fee
charges shall be subject to the relevant state provisions.
An environmental surveillance body accredited by a provincial environmental protection authority
shall refer to a body engaged in the environmental surveillance operations, which is not subordinate
to an environmental protection authority, may voluntarily apply to the provincial environmental
protection authority at the place where it is located for accreditation of its appropriate capabilities
for environment surveillance operations, and becomes an environmental surveillance body
accredited by a provincial environmental protection authority after being accredited.
An environmental surveillance body accredited by a provincial environmental protection authority
shall accept the supervision and inspection by the environmental surveillance body of the
environmental protection authority at the place where it is located.
Article 22 These Measures shall apply by analogy to the administration of radiological environment
surveillance.
Article 23 These Measures shall be effective as of September 1, 2007.