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点击数:   更新日期:2008年10月05日

中华人民共和国海洋石油勘探开发环境保护管理条例

发 文 号:国务院发布
发布单位:国务院发布
ions and operators shall have the capacity of dealingwith emergencies with regard to the prevention and control of oilpollution accidents, formulate emergency plans, have oil-recoveryfacilities and equipment for containing oil and eliminating oilcommensurate with the scale of exploration and development of offshorepetroleum in which they are engaged.If oil-eliminating chemical agents are to be used, their brand names andcomposition shall be reported to the competent departments forverification and approval.Article 7The requirements for the pollution-prevention equipment of the stationaryand mobile platforms are:(1) oil and water separation equipment shall be fitted;(2) the oil extraction platforms shall be fitted with the equipment fortreating oil-polluted water; the oil content of the polluted water, aftertreatment by this equipment, shall reach the discharge standards set bythe State;(3) devices for monitoring and control of oil discharge shall be fitted;(4) facilities for retrieving residual oil and waste oil shall be fitted;(5) equipment for garbage pulverization shall be fitted;(6) the above equipment shall go through the examination by the shippinginspection agencies of the People's Republic of China and must satisfy thestandards before efficacy certificates are issued.Article 8The stationary and mobile platforms that already started petroleumexploration and development in the sea areas under the jurisdiction of thePeople's Republic of China before March 1, 1983, if their pollution-prevention equipment do not meet the stipulated requirements, shall adopteffective measures to prevent pollution, and their pollution-preventionfacilities are to satisfy the stipulated requirements within three yearsof the promulgation of these Regulations.Article 9The enterprises, institutions and operators shall possess civil liabilityinsurance or other financial guarantees to cover pollution damage.Article 10The stationary and mobile platforms shall be fitted with anti-pollutionrecord books in the format approved by the competent departments.Article 11The oil-polluted water of stationary and mobile platforms may not bedirectly discharged or after dilution. The oil content of the oil-pollutedwater discharged after treatment must meet the State's relevant standardsof discharging oil-polluted water.
Article 12Requirements of control for other waste materials:(1) residual oil, waste oil, oil-based mud, garbage containing oil andother toxic residual liquid and dregs must be recovered, and may not bedischarged or cast off into the sea;(2) the dumping of industrial garbage in large quantities is to be managedin accordance with the stipulations of marine dumping of waste materials;fragmentary industrial garbage may not be discarded into the fisherywaters and sea-lanes;(3) domestic garbage that need to be discharged within 12 nautical milesfrom the nearest land shall undergo pulverization treatment with thegranules less than 25 millimeters in diameter.Article 13Where exploration and development of offshore petroleum require explosivedemolitions by using explosives or other operations that are harmful tofishery resources in the important fishery waters, effective measuresshall be adopted to avoid the spawning, breeding and fishing seasons ofthe major fishes and shrimps of economic value; a report is to be made tothe competent departments before the operations and there shall be clearsigns and signals when the operations are under way.The competent departments, on receiving the report, shall notify therelevant units of the place and time of the operations in good time.Article 14Marine oil storage facilities and pipelines for the conveyance of oilshall conform to anti-seepage, anti-leakage and anti-rotting requirements,and shall constantly be checked and maintained in good condition, so as toprevent oil leakage.Article 15In testing oil on the sea, oil and gas shall be fully burned out in thecombustion devices. With regard to the oils and oil-based mixtures fallinginto the sea in the course of testing oil, effective measures shall beadopted to treat them, and accurate records are to be kept.Article 16Enterprises, institutions and operators shall, immediately upon detectionof the occurrence of pollution accidents such as oil overflow and oilleakage in operation, adopt measures for containing oil and oil recoveryto control, reduce and remove the pollution. In case of occurrence ofmajor pollution accidents such as oil overflow, oil leakage and wellblowout in large quantities, report shall immediately be made to thecompetent departments, and effective measures are to be adopted to controland remove the oil pollution, and the matter shall be subject toinvestigation and handling by the competent departments.
Article 17The use of oil-eliminating chemical agents shall be controlled:(1) When oil pollution accidents occur, measures for recovery shall beadopted; with regard to the small amount of oil that is actually beyondrecovery, it is permitted to use a small amount of oil-eliminatingchemical agents.(2) With regard to the amount of irretrievable oil-eliminating chemicalagents (including the solvent) to be used, separate specific stipulationsshall be worked out by the competent departments according to differentconditions in different sea areas. The operators shall report to thecompetent departments according to stipulations, and may only use thesechemical agents after approval has been obtained.(3) In emergencies where oil floating on the surface of the sea may causefire or may gravely endanger human lives and property, and the matter isunable to be handled with the method of recovery, but, by using oil-eliminating chemical agents, pollution can be reduced and the consequencesof the accidents be contained, the amount of oil-eliminating chemicalagents used and the reporting procedures may go beyond the restrictions asstipulated in paragraph (2) of this Article. However, a detailed report onthe circumstances of the accident and the circumstances of using oil-eliminating agents shall be made to the competent departments afterwards.(4) Only those oil-eliminating chemical agents which have been verifiedand approved by the competent departments may be used.Article 18The operators shall make detailed and accurate entries of the followingcircumstances in the anti-pollution record books of the platform;(1) the operation of the anti-pollution equipment and facilities;(2) the treatment and discharge of the oil-polluted water;(3) the treatment, discharge and disposal of other waste materials;(4) the occurrence of oil-pollution accidents such as oil spill, oilleakage and well blowout and the handling;(5) the details about the demolition operations;(6) details about the use of oil-eliminating chemical agents;(7) other items stipulated by the competent departments.Article 19The enterprises and operators shall, within 15 days from the end of eachquarter of the year, make a comprehensive report in the format approved bythe competent departments on anti-pollution and the circumstances ofpollution accidents of that quarter. The competent departments shall beinformed in good time of the positions of the stationery and mobileplatforms.
Article 20Government functionaries of the competent departments or the personneldesignated by them have the right to board the stationery and mobileplatforms and other relevant facilities to conduct monitoring andinvestigation, including:(1) collecting various kinds of samples;(2) inspecting the fitting out, operating and using of various anti-pollution equipment, facilities and materials;(3) inspecting relevant documents and certification papers;(4) checking up on the anti-pollution record books and the relevantoperation records, making copies and extracts when necessary, anddemanding that the responsible persons of the platform sign their names inconfirmation of the copies and extracts in question as correct duplicates;(5) gathering inf
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