Today, expertise environmental laws and codified and executive methods of them in the world and in national levels are interpreted as important and in dependant branch of national laws.
In direction of this matter, regulations and legislations of Islamic republic of Iran is written in related to environmental protection.
The regulations of air pollution that are executived in Iran are as follows:
LAWS AND REGULATIONS
The Act concerning ways to prevent air pollution which was approved by the ICA in the course of an open session dated April 23,1995 and approved by the Guardains council on May 3, and was received at the presidency along with the ICA speakers letter No. GH-3827 dated 08.05.1995 is notified herewith for due enforcement.
Section One-Generalities
Article 1: In implementation of Article 50 of the Constitution of the Islamic Republic of Iran and with the aim of enhancing the environmental quality and preserving the air from pollution, all institutions and organizations as well as all legal entities and natural persons shall be under the obligation to observe the regulations and policies stipulated in this act.
Article 2: Taking of any measure that leads to emission of pollution in the atmosphere shall forbidden. Air pollution means the presence and spread of one or more haze particles pollution’s including solid. Liquid, gas, actinogenous and non- antinogenous radiation in the open air to the level and duration with changes the quality of the air that makes it hazardous for human being and/or other living and/or plant life, buildings and monuments.
Article 3: The sources of air pollution that are subject to the regulations stipulated in this shall be classified in three categories:
Article 4: the use of motor vehicles that spread smoke and other pollutants in the atmosphere in excess of the standards shall be forbidden. The maximum allowable limits of environment pollutants for motor vehicles shall, with the cooperation of the ministry of Industries, Determined by the Environment protection Organization (EPO) and approved by the Environment Protection Supreme Council.
Article 5: Every motor vehicle in use shall be covered by a certificate of conformity. Owner of vehicles shall be obliged to have their vehicles tested and examined annually at the center and approved by the EPO, and receive a certificate of conformity other wise, movement of vehicles, without the said certificate as determined in the executive by law to this Act shall be banned.
Article 6: Municipalities, law enforcement forces of the Islamic Republic of Iran, ministries and the organization concerned shall be to design and draw up plans for the movement of motor vehicles and the urban transportation system in a way that both reduces air pollution and meets the standards in respect to the daily urban trips.
Article 7: In emergency situation when because of the special quality of the weather, pollution in cities reach levels that are harmful to the public health or seriously jeopardizes the environment at the discretion of the Ministry of health, Treatment and Medical Education, the EPO shall, in cooperation with the Interior Ministry (municipalities and law enforcement forces), impose temporary prohibitions or restrictions at such time and place as it may require on sources of air pollutants and it shall immediately bring, through the mass media, the decision to the notice of the general public.
Article 8: Manufacture, of motor vehicles as well as engine and the parts related to vehicle combustion such as carburetor and filter shall be subject to the standards laid down by the EPO.
Article 9: Ministry of Industries shall be obliged to draw up policies and plans with respect to the vehicle parts production plants and affiliated companies concerned where the industrial plan is being operated in such away that: firstly, no non- standards engines or parts are installed in the process of the manufacture of vehicles; secondly, ………..and thirdly, designing and manufacturing of vehicles shall be in away to make it possible for the vehicle to burn gas (LNG) as a fuel.
Article 10: Registration of any kind of motor vehicle may be bound to comply with the standards mentioned in Article 8 above.
Article 11: The standards mentioned in Articles 8 and 9 to this Act shall, with the cooperation of Industries, Ministry of petroleum and the authorized research institute, be drawn up by the EPO and shall be approved by the Cabinet.
Section Three: Factories, Workshops and Plants
Article 12: Construction of new factories and workshops or an extension thereto as well as changing the location of industrial plants and/or the production lines of the existing factories and workshops shall be bound to comply with the provisions and standards set by the EPO.
Article 13: Ministries of Industries, Mines and Metals, Agriculture and Construction Jihad shall send a copy of the operation permits issue for applicants to the EPO.
Article 14: The activities of new factories and workshops which fail to comply with the provisions and standards being the subject of article 12 as well as the activity and operation of factories, workshops and plants which emit pollution in excess of the standards shall be forbidden.
Article 15: The EPO shall list the factories, workshops and plants that spread pollution in excess of the environmental standards and shall inform the managers of these factories, workshops and plants about the type of air pollutants emitted into the atmosphere and level of the emission of such air pollutants have caused to the environment, and the managers shall, with the contribution of the organizations concerned, be required to take measures to eliminate pollution or stop work until pollution is eliminated within the period set by the EPO.
Article 16: Should the owners and managers of the factories, workshops and plants emitting air pollutants fail to eliminate pollution or the work and activities of their factories and workshops within the designated period (deadline), the law enforcement officers shall, after the expire of the deadline, prevent the activities of the factories and workshops at the request of the EPO and on the order of the local judicial authorities concerned.
Article 17: In emergency situations and/or in a bad weather, the Head of the EPO shall be entitled call, through a quick notice, on the factories and workshops whose activities have caused immediately danger, to cease activities and should they fail to heed the notice, the factories shall, on the verdict of the local court, be ordered closed until the elimination of pollution.
Article 18: In cases that reduction or elimination of pollution caused by the activities of factories and workshops shall not be possible other than the transfer of one or more of these factories to appropriate locations and/or the activities of the said factories and workshops in residential areas jeopardizes the health of the inhabitants of those areas, the EPO shall, with the cooperation of ministries and other governmental organizations concerned, draw up a plan for transfer of these factories and workshops to appropriate locations (preferably townships and industrial plants) and hand over its Cabinet. The Government shall take step in cases in deems necessary if it approves to the plan.
Article 19: Blocs, townships, industrial and production complexes, and plants shall be obliged to devote at least ten percent of the township space earmarked to the construction of production and service units to greenery and plantation of trees suitable to that region.
Caring on any industry or operating any industrial plant (in an air pollution control area) shall be subject to meeting the requirements or this Article and creation of adequate greenery.
Industrial ministries shall be required to supervise the implementation of this Article.
Article 20: Factories, workshops, plants, prickliness shall be under the obligation to consume appropriate and accessible combustion systems and fuel that reduces the air pollution.
Article 21: The executive by-law of this Section as well as the provisions related to restrictions for establishment of industries in the vicinity of cities shall, with contribution of the ministries concerned, be drawn up the EPO and approved by the Cabinet.
Section four: Trade and Civic Sources and Miscellaneous.
Article 22: The spread and emission of any kind of air pollutants in excess of the standards from trade, residential and miscellaneous sources in the open air shall be forbidden.
Article 23: All pollutant sources such as baths, bakeries, hotels and restaurants and alike shall be required to, in addition to adopting necessary measures to prevent the emission of fumes, grit, soot and other pollutants in the open air, burn and appropriate fuel, preferably the cities gas that reduces the air pollution.
Article 24: Burning and piling up of industrial waste and residential garbage and any kind of rubbish in public places and in the open space shall be forbidden.
Article 25: The ministries of Housing and Interior shall be required to, in drawing up conductive and comprehensive programs for renewing and rebuilding cities, devote a separate chapter to the study of environmental issues in a way that designing for residential complexes, townships and cities from the viewpoint space, greenery, the standards required for condensation of buildings, transportation networks and alike conforms with the environmental standards approved by the EPO. Note: The maps of cities, residential townships, industrial plants, administrative townships, agricultural complexes and alike shall be bound to comply with the provisions and regulations of the environment protection standards.
Article 26: The executive by – Laws mentioned in Article 25 be drawn up jointly by the Ministry of Housing, Ministry of Interior and the EPO, and shall meet the approval of the Cabinet.
Article 27: Emission of any kind of acoustic pollution in excess of the standards shall be forbidden. The by – Laws for prevention of acoustic pollution shall be drawn up by the EPO and approved by the Cabinet.
Section Five - Penalties
Article 28: Persons plying back and forth with unauthorized motor vehicles emitting pollutants into the air and also those who fail to meet the restrictions and prohibitions of the subject of Article 7 to this Act shall, on the verdict of a competent court, be punishable with a fine which shall not be less than 5000 rials but which may extend to 100000 rials depending on the number of cylinders and volume of the engine of the vehicle. Moreover, the said vehicles discharging air pollutants be banned from moving unit the sources of pollution are eliminated.
Article 29: Should the owners and directors of the factories and workshops emitting pollutants fail to comply with Articles 14, 16 and 17 to this Act shall be punishable, for the first time, with a fine of 500000 rials which may be extended to 1000000 rials and should such failure continue after the conviction, they may be punishable with corrective imprisonment for a term which shall not be less than two months but which may extend to six months and fine of 700,000 to 2,000,000 rials.
Article 30: Persons who willfully delay or obstruct the officers empowered by the EPO in the discharge of their duties in respect to inspecting and taking samples of air or emission from the industrial premises and determining the level the emission of air pollutants caused by the operation of the factories, workshops, trade and sanitary plants, public units and services and or decline to offer the required evidence, documents and information to the EPO officers, shall be punishable, depending on the case and importance of the issue, with a fine of between 500,000 to 5 million rials. If the failure continues, the offenders shall, on conviction, be punishable with corrective imprisonment for a term which shall not be less than one month but which may extend to three month and a fine of the same amount.
Article 31: The owners and directors of trade centers and public units that contrary to Article 24 to this Act cause air pollution shall be punishable with a fine of100,000 rials which may extend to 500,000 rials after which warning and expire of the set duration. In case the failure continues, the offenders shall face a fine of 300,000 rials which may extend to 2 million rials.
Article 32: Persons who are held responsible for causing pollution resulting from miscellaneous and residential sources those persons who create acoustic pollution shall be punishable with a fine which shall not be less than 30,000 rials but which may extend to 300,000 rials and in case the default continues, with an additional fine of 100,000 rials which may extend to 1 million rials.
Section Six – Miscellaneous Regulations
Article 33: The Organization of Voice and Vision of the Islamic Republic of Iran shall be required to, in cooperation with the EPO, draw up and appropriate plans (air and broadcast programs) to enlighten the public opinion and inform (viewers and listeners) about the provisions and regulations of the environment protection standards.
Article 34: The revenues craned through the execution of this Act shall, immediately after collection, be remitted to the treasury account and an equivalent on fifty (50) percent of the remitted amount, every year, and a maximum of up to 1 millions rials for the execution of this Act shall be predicted in a separate column in the budget bill every year and be devoted to the EPO. An equivalent of twenty (20) percent of up to 400 million rials shall be devoted to the Law enforcement forces of the IRI.
Article 35: The executive by – Laws of Act, in addition to the cases that in each of the Articles to this Act has been determined, shall be drawn up, within a maximum of three months after the approval of this Act, by the EPO and depending on the case in cooperation with or contribution of the organization concerned, and shall be approved by the Cabinet.
Article 36: As of the notification of this Act, all the provisions and regulations about prevention of pollution contrary to this Act shall be nullified.
The above Act, comprising 36 Articles and 14 notes, was approved in
the course of an open session of the ICA dated sundry April 23. 1995 and
was ratified by the Guardians Council on May 3,1995.
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Control option applied | Abatement efficiency |
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Removal of asbestos from industries
Industrial cities construction Industries transfer to out of large cities To charge the fuel of workshops into gas Establishment and enforcement of industries standards (subject of article 14,15 – Air pollution Law) Improvement and development of ISO 14000 standards |
About 20% |
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Establishment and enforcement of standards
(subject of article 4,8 – Air pollution Law) To change the fuel of vehicles into gas Technical examination of vehicles Improvement of transport system by enforcement traffic rules. Establishment traffic plan in large cities centers limits |
About 30% |