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Rules of Guangzhou Municipality on the Management of Hazard Sources and Hazardous Areas of Emergencies
(Issued on February 2, 2012 in accordance with Decree No. 65 of the People’s Government of Guangzhou Municipality and amended on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality)
Article 1 In order to strengthen the management of hazard sources and hazardous areas in Guangzhou City and prevent and reduce emergencies, these Rules are developed in accordance with the Emergency Response Law of the People’s Republic of China and the Regulations of Guangdong Province on Emergency Response and on the basis of the actual conditions of this Municipality.
Article 2 These Rules shall apply to the management of hazard sources and hazardous areas that are prone to natural disasters, accidents or public health events within the administrative area of this Municipality.
Article 3 The management of hazard sources and hazardous areas shall be based on unified leadership, classified guidance, hierarchical management and dynamic monitoring.
Article 4 The municipal/district people’s government shall uniformly lead the management of hazard sources and hazardous areas within its administrative area.
Article 5 Hazard sources and hazardous areas are divided by such factors as risk nature, hazard degree, controllable degree and influence scope into four levels: particularly major, major, large and general.
Article 6 The initial investigation of hazard sources and hazardous areas shall be conducted by the relevant authorities organized by the local district emergency response committee; the initial investigation of cross-district hazard sources and hazardous areas shall be conducted by the relevant authorities organized by the municipal emergency response committee.
Article 7 The investigation of hazard sources and hazardous areas may be carried out by means of data analysis, field investigation, survey, visit and expert consulting.
Article 8 If the relevant authorities find hazard sources and hazardous areas with potential risks that can be eliminated immediately by taking measures in the investigation, they shall order the management agencies to make immediate rectification according to law; if the situation is complicated and it is difficult to eliminate potential risks in the short term, it shall be included in the risk management system for risk assessment, registration and monitoring, and the management agency shall be required to develop emergency plans.
Article 9 The relevant authorities shall conduct risk assessments on hazard sources and hazardous areas; when necessary, experts may be organized or an assessment institution with corresponding qualifications may be entrusted to conduct risk assessments according to law. The entrusted assessment institution shall issue a risk assessment report and be responsible for the risk assessment results.
Article 10 The risk assessment of hazard sources and hazardous areas shall include the following contents:
(2) Controllability and urgency;
(6) Emergency plans to deal with such risks.
Article 11 The relevant authorities shall, according to the results of risk assessment, classify hazard sources and hazardous areas, register them and report them to the people’s government at the corresponding level.
Article 12 If the risk situation of hazard sources and hazardous areas changes, the relevant authorities shall reorganize the risk assessment timely. If the risk is found to have been eliminated, it will no longer be managed as hazard sources and hazardous areas; if the risk is found to be increased or decreased, the risk level shall be adjusted accordingly.
Article 13 The municipal/district emergency response committee shall establish an information management system for hazard sources and hazardous areas, and incorporate it into the comprehensive emergency platform of the people’s government at the corresponding level.
Article 14 Where hazard sources and hazardous areas may have an impact on other areas outside their respective administrative areas, the relevant municipal/district authorities shall promptly report to the people’s government at the corresponding level. After receiving the report, the municipal/district people’s government shall promptly notify the people’s governments of the areas that may be affected.
Article 15 The municipal/district people’s government shall, in accordance with the provisions of the State, announce the information of hazard sources and hazardous areas to the public, except those involving state secrets, commercial secrets or personal privacy that shall not be disclosed according to law.
Article 16 The relevant authorities shall set obvious warning signs in hazard sources and hazardous areas in the styles determined by the municipal emergency response committee.
Article 17 The relevant authorities shall establish a dynamic monitoring system, carry out regular and irregular spot checks, timely adjust emergency precautions according to the changes of hazard sources and hazardous areas, and submit relevant information to the emergency response committee at the same level.
Article 18 The management agencies of hazard sources and hazardous areas shall take the following emergency precautions to prevent and reduce the occurrence of emergencies:
(1) Create information ledgers and timely update information files;
(2) Develop emergency plans and submit them to the relevant authorities for filing as required;
(7) Other emergency precautions.
Article 19 The management agency of hazard sources and hazardous areas shall report the monitoring and management of hazard sources and hazardous areas to the relevant authorities every year.
Article 20 After an emergency occurring on any hazard source or in hazardous area, the management agency shall immediately start the emergency plan to carry out early disposal; immediately report to the relevant authorities by telephone, fax, e-mail, etc., no later than 15 minutes after the incident.
After the emergency disposal, the management agency shall submit a written report to the relevant authorities, indicating situation of the event, casualties and property losses, emergency disposal and aftermath; the relevant authorities shall reorganize the risk assessment and risk grading of hazard sources and hazardous areas.
Article 21 If the management agency of hazard sources and hazardous areas violates these Rules andcommits any of the following acts, the relevant authorities shall order it to make corrections and impose a fine of not less than RMB 5,000 but not more than RMB 10,000; in case of severe violation, a fine of not less than RMB 10,000 but not more than RMB 30,000 shall be imposed; if it constitutes an illegal act against the public order, the public security organ shall impose punishment according to the Law of the People’s Republic of China on Penalties for Administration of Public Security; if a crime is constituted, the offender shall be investigated for criminal responsibility according to law:
(1) Violating Article 8 herein by failing to take corrective measures as required;
(2) Violating Article 18 herein by failing to take emergency precautions as required;
Article 22 Any person who violates Article 16 herein by damaging warning signs of hazard sources and hazardous areas shall make repairs or compensation according to law; if it constitutes an illegal act against the public order, the public security organ shall impose punishment according to the Law of the People’s Republic of China on Penalties for Administration of Public Security; if a crime is constituted, the offender shall be investigated for criminal responsibility according to law.
Article 23 The staff of the relevant authorities who violate these Rules by failing to perform such management duties as investigation, registration, risk assessment, inspection and monitoring of hazard sources and hazardous areas, or abusing their powers, neglecting their duties or engaging in malpractices for personal gains when performing their duties shall be given administrative sanctions by their appointment and dismissal organs or supervisory organs ex officio; if a crime is constituted, the offender shall be investigated for criminal responsibility according to law.
Article 24 Where laws, regulations and rules have other provisions on the grading system and risk assessment system stipulated in Articles 5 and 9 herein, such provisions shall prevail.
Article 25 These Rules shall come into force on April 1, 2012.