Chapter 1 General Provisions
Article 1: In order to strengthen the safety management of dangerous goods in ports, prevent and reduce accidents involving dangerous goods, ensure the safety of people's lives and property, and protect the environment, this regulation is formulated in accordance with relevant laws and administrative regulations such as the Port Law, the Safety Production Law, and the Regulations on the Safety Management of Hazardous Chemicals.
Article 2: Within the territory of the People's Republic of China, this regulation applies to the construction projects of new, renovated, expanded ports for storing, loading and unloading dangerous goods, as well as the operation of dangerous goods ports.
The dangerous goods port operations referred to in the preceding paragraph include loading and unloading, transshipment, and warehousing of dangerous goods within the port area.
Article 3: The safety management of dangerous goods in ports shall adhere to the principle of safety first, prevention oriented, and comprehensive management, and strengthen and implement the main responsibility of the construction units and port operators for the safety production of dangerous goods port construction projects.
Article 4: The Ministry of Transport is responsible for the management of the national port dangerous goods safety industry.
The transportation authorities of provinces, autonomous regions, and municipalities directly under the central government are responsible for the supervision and management of dangerous goods safety at ports within their jurisdiction.
Provincial, municipal, and county-level port administrative departments are responsible for the specific implementation of port dangerous goods safety supervision and management within their scope of responsibilities.
Chapter 2 Safety Review of Construction Projects
Article 5: Port construction projects that involve the construction, renovation, expansion, storage, loading, and unloading of dangerous goods (hereinafter referred to as dangerous goods port construction projects) shall be subject to safety condition review by the port administrative department.
Without passing the safety condition review, the construction of dangerous goods port projects shall not commence.
Article 6: Provincial port administrative departments are responsible for reviewing the safety conditions of the following port construction projects:
（1） Port construction projects involving the storage or loading/unloading of highly toxic chemicals;
（2） Dangerous goods terminals with a capacity of over 50000 tons along the coast, over 3000 tons on the main Yangtze River, and over 1000 tons on other inland rivers;
（3） Dangerous goods storage facilities with a total capacity of over 100000 cubic meters in coastal tank areas and over 5000 cubic meters in inland tank areas.
Other dangerous goods port construction projects are subject to safety condition review by the municipal port administrative department of the district where the project is located.
Article 7: The construction unit of a dangerous goods port construction project shall entrust a qualified safety evaluation agency to conduct a safety evaluation of the construction project in accordance with relevant national regulations during the feasibility study stage, and prepare a safety pre evaluation report. The safety pre evaluation report shall comply with relevant safety production laws, regulations, rules, national standards, industry standards, and relevant provisions of port construction.
Article 8: For port construction projects involving hazardous chemicals, the construction unit shall also conduct a safety condition assessment and prepare a safety condition assessment report. The content of safety condition demonstration should include:
（1） The impact of inherent hazards and harmful factors in construction projects on safety production;
（2） The mutual influence between construction projects and surrounding facilities or units, densely populated areas, sensitive facilities, and sensitive environmental areas in terms of safety;
（3） The impact of natural conditions on construction projects.
Article 9: The construction unit shall apply for safety condition review to the port administrative department where the dangerous goods construction project is located, and submit the following materials:
（1） Application for Safety Condition Review of Construction Projects;
（2） Construction project safety pre evaluation report;
（3） Construction project safety condition demonstration report (involving the provision of hazardous chemicals);
（4） The construction project planning and site selection documents that need to be obtained in accordance with the law.
The local port administrative department shall verify whether the documents are complete, and inform the applicant to make corrections if they are incomplete. Applications with complete materials should be accepted; For those that do not fall within the scope of the local level's review authority, the application materials should be forwarded to the port administrative department with review authority within 5 days after acceptance. The time of reporting should be included in the review period.
Article 10: The port administrative department responsible for safety condition review shall make a review decision within 45 days from the date of acceptance of the application.
If any of the following situations occur, the safety condition review will not be approved:
（1） If there are significant defects or omissions in the safety pre evaluation report, including incomplete or inaccurate identification and evaluation of the main hazards and harmful factors of the construction project;
（2） The countermeasures and suggestions proposed in the safety pre evaluation report for the design of safety facilities do not comply with relevant safety production laws, regulations, rules, national standards, and industry standards;
（3） The distance between the construction project and surrounding places and facilities, or the natural conditions of the proposed site, do not comply with relevant safety production laws, regulations, rules, national standards, and industry standards;
（4） The main technologies and processes have not been determined, or do not comply with relevant safety production laws, regulations, rules, national standards, and industry standards;
（5） Failure to conduct safety condition demonstration and safety evaluation in accordance with the law;
（6） Concealing relevant information or providing false documents or materials.
The port administrative management department shall review the application materials and conduct on-site verification during the safety condition review process. If necessary, relevant experts can be organized for consultation and argumentation.
Article 11: The port administrative department shall approve those that meet the safety conditions and deliver the examination decision to the applicant. For those who have not passed the safety condition review, reasons should be explained and the applicant should be informed. After rectification, the construction unit can reapply for safety condition review.
Article 12: If a dangerous goods port construction project that has passed the safety condition review has any of the following circumstances, the construction unit shall conduct a new safety condition demonstration and safety evaluation in accordance with the relevant requirements of these regulations, and reapply for safety condition review:
（1） Changing the construction address;
（2） Significant changes in the surrounding environmental factors of the construction project have led to an increase in safety risks;
（3） Adjusting the scale of construction projects resulting in increased safety risks or decreased safety performance;
（4） Significant changes in the layout of construction projects, types of goods, processes, equipment and facilities that result in increased safety risks or decreased safety performance.
Article 13: The construction unit shall entrust the design unit to design the safety facilities in accordance with relevant national regulations during the preliminary design stage of the dangerous goods port construction project.
The design of safety facilities shall comply with relevant laws, regulations, rules, national standards, and industry standards on safety production and port construction, and include the following main contents:
（1） Analysis of the hazards, harmful factors, severity, and surrounding environmental safety involved in the construction project;
（2） The safety facilities and measures adopted, expected effects, as well as existing problems and suggestions;
（3） Explanation on the adoption of countermeasures and suggestions related to safety facility design in the safety pre evaluation report;
（4） Possible accident prevention and emergency rescue measures.
Article 14: For dangerous goods port construction projects that are subject to preliminary design approval by the port administrative department, the safety facility design shall be reviewed during the preliminary design approval process.
Other dangerous goods port construction projects beyond the provisions of the preceding paragraph shall be subject to safety facility design review by the port administrative department responsible for safety condition review.
The construction unit shall submit the following materials when applying for safety facility design review:
（1） Application for Safety Facility Design Review;
（2） Basic information and credit status of the design unit;
（3） Design of safety facilities.
The port administrative department shall review the application materials within 20 days from the date of acceptance, make a review decision, and inform the applicant; If a decision cannot be made within 20 days, with the approval of the department head, an extension of 10 days may be granted, and the applicant shall be informed of the reasons for the extension.
Article 15: In any of the following circumstances, the review of safety facility design shall not be approved:
（1） The qualification of the design unit does not comply with relevant regulations;
（2） Not designed in accordance with relevant laws, regulations, rules, national standards, and industry standards;
（3） Failure to fully demonstrate and explain the safety measures and suggestions in the safety pre evaluation report that have not been adopted;
（4） Concealing relevant information or providing false documents or materials.
If the safety facility design review fails, the construction unit may reapply for safety facility design review after rectification.
Article 16: If the safety facility design of a dangerous goods port construction project that has already passed the review falls under any of the following circumstances, the construction unit shall report to the original review department to reapply for safety facility design review:
（1） Changing the design of safety facilities that may lead to a decrease in safety performance;
（2） Redesigned during the construction period.
Article 17: The construction unit of a dangerous goods port construction project shall organize and implement the relevant content of the approved safety facility design during the construction period, strengthen the monitoring and management of construction quality, and establish corresponding accounts. The construction unit shall carry out construction in accordance with the approved design.
Article 18: The safety facilities of dangerous goods port construction projects shall be built simultaneously with the main project and shall be inspected and accepted by the construction unit. Before acceptance, the construction unit shall entrust a qualified safety evaluation agency to conduct safety acceptance evaluation of the construction project and its safety facilities in accordance with relevant national regulations, and prepare a safety acceptance evaluation report. The safety acceptance evaluation report shall comply with national standards, industry standards, and relevant regulations on port construction.
When the construction unit conducts safety facility acceptance, it shall organize professional personnel to conduct on-site inspections of the construction project, review the safety facility construction report, supervision report, safety acceptance evaluation report, etc., and make a conclusion on whether it has passed the acceptance. The professional competence of the personnel participating in the acceptance should cover all the professional content involved in the construction project.
If the safety facility acceptance fails, the construction unit may organize another safety facility acceptance after rectification.
Article 19 After the acceptance of safety facilities is qualified, the construction unit shall archive the documents and materials involved in the acceptance process, and consciously accept and cooperate with the safety production supervision and management department to conduct supervision and verification of the safety facility acceptance activities and results in accordance with the provisions of the Safety Production Law.
Article 20: The safety evaluation activities of safety evaluation institutions shall comply with relevant laws, regulations, rules, national standards, and industry standards.
The port administrative department shall expose institutions that conduct port safety evaluations in violation of laws and regulations, and notify the same level of safety production supervision and management department.
Chapter 3 Qualifications of Operators
Article 21: Operators engaged in dangerous goods port operations (hereinafter referred to as dangerous goods port operators) shall, in addition to meeting the operating license conditions stipulated in the "Regulations on Port Operation Management", also meet the following conditions:
（1） Establish a safety production management organization or appoint full-time safety production management personnel;
（2） Having a sound safety management system, job safety responsibility system, and operating procedures;
（3） There are hazardous goods port operation facilities and equipment that comply with national regulations;
（4） There are accident emergency plans and emergency facilities and equipment that comply with national regulations and have been reviewed and approved by experts;
（5） Those engaged in hazardous chemical operations should also have loading and unloading management personnel who have obtained professional qualification certificates.
Article 22: To apply for the qualification of a dangerous goods port operator, in addition to submitting relevant documents and materials in accordance with the requirements of the "Regulations on Port Operation and Management", the following documents and materials shall also be submitted to the local port administrative department:
（1） Application Form for Port Operation of Dangerous Goods, including the specific location, operation method, and name of the dangerous goods to be operated (container and packaged goods listed under "item").
（2） List of emergency facilities and equipment that comply with national regulations.
（3） The professional qualification certificate of loading and unloading management personnel (for the provision of hazardous chemicals).
（4） For the construction, renovation, expansion, storage, loading and unloading of dangerous goods port facilities, submit the certificate of safety facility acceptance (including safety facility construction report and supervision report, safety acceptance evaluation report, acceptance conclusion, and hidden danger rectification report); For those using existing port facilities, submit a safety assessment report on the current situation.
Article 23: The local port administrative department shall make a decision on whether to grant or deny permission within 30 days from the date of acceptance of the application. Those who meet the licensing conditions shall be issued a "Port Operation License" and a "Port Dangerous Goods Operation Supplementary Certificate" (see attachment) shall be issued for each specific dangerous goods operation site.
The Port Operation License shall specify the name and office address of the dangerous goods port operator, the legal representative or person in charge, the operating area, the scope of business allowed, the attached matters, the date of issuance, the validity period of the license, and the certificate number.
The "Port Dangerous Goods Operation Certificate" shall specify the operator of the dangerous goods port, the workplace, the operation method, the name of the dangerous goods involved in the operation (container and packaged goods shall be labeled as "item"), the issuing authority, the date of issuance, the validity period, and the certificate number.
The local port administrative department shall disclose relevant information to the public in accordance with the law, and promptly notify the local maritime management agency, the same level safety production supervision and management department, the environmental protection department, and the public security organs.
Article 24: The validity period of the Port Operation License is 3 years, and the validity period of the Port Dangerous Goods Operation Supplementary Certificate shall not exceed the validity period of the Port Operation License.
If the construction project of a dangerous goods port requires trial operation, the validity period of the Port Operation License and the Port Dangerous Goods Operation Supplementary Certificate shall be the trial operation period, and shall be indicated on the certificate. After passing the completion acceptance, the dangerous goods port operator shall reapply in accordance with the provisions of Article 22 of these regulations.
Article 25: Dangerous goods port operators shall apply for renewal procedures with the issuing authority 30 days before the expiration of the validity period of the Port Operation License or the Port Dangerous Goods Operation Supplementary Certificate.
To apply for the extension procedures of the Port Operation License and the Port Dangerous Goods Operation Supplementary Certificate, in addition to submitting relevant documents and materials in accordance with the requirements of the Port Operation Management Regulations, the following materials should also be submitted:
（1） Other proof materials except for Article 22 (1) of these regulations;
（2） The safety evaluation report and implementation status as stipulated in Article 28 of these regulations.
Article 26: If there is a change in the operator of a dangerous goods port or a change in its business scope, it shall reapply for the Port Operation License and the Port Dangerous Goods Operation Permit in accordance with the provisions of Article 22 of these Regulations.
Article 27: Dangerous goods port operators shall engage in dangerous goods port operations within the scope of obtaining licenses in accordance with the law, extract and use safety production funds in accordance with the law, hire registered safety engineers to engage in safety production management work, provide safety production education and training to employees, and truthfully record relevant information, and promote the standardization of safety production construction. Relevant practitioners shall, in accordance with the requirements of the "Regulations on the Assessment and Qualification Management of Dangerous Goods Waterway Transport Practitioners", pass the assessment or obtain corresponding professional qualifications.
Article 28: Dangerous goods port operators shall, after obtaining business qualifications, entrust qualified safety evaluation institutions in accordance with relevant national regulations to conduct safety evaluations of their unit's safety production conditions every three years and submit safety evaluation reports. The content of the safety evaluation report should include the rectification of accident hazards, residual hazards, and suggestions for improving safety conditions.
Dangerous goods port operators shall report the safety assessment report and implementation status to the local port administrative department for filing.
Article 29: If any of the following situations occur, the operator of a dangerous goods port shall conduct a new safety evaluation and file a record in accordance with the provisions of Article 28 of these Regulations:
（1） Increase the variety of dangerous goods for homework;
（2） The increase in the quantity of dangerous goods involved in the operation constitutes a major hazard source or the level of a major hazard source is raised;
（3） In the event of a fire, explosion, or leakage of dangerous goods, resulting in death, serious injury, or an accident level exceeding that of a major accident;
（4） Significant changes in the surrounding environmental factors may have a significant impact on port safety production.
If the increase in the variety or quantity of dangerous goods involved in the operation involves a change in the scope of business, in addition to complying with the requirements of relevant competent departments in environmental protection, fire protection, occupational health, etc., the applicant shall also reapply for the "Port Operation License" and "Port Dangerous Goods Operation Permit" in accordance with the provisions of Article 26 of these regulations.
If existing facilities need to be renovated or expanded, in addition to fulfilling the procedures for renovation and expansion, relevant provisions of Chapter 2 of these regulations on safety review should also be followed.
Chapter 4 Homework Management
Article 30: Port operators of dangerous goods shall set up corresponding safety facilities and equipment such as monitoring, surveillance, ventilation, sun protection, temperature regulation, fire prevention, fire extinguishing, explosion prevention, pressure relief, gas prevention, neutralization, moisture prevention, lightning protection, static electricity prevention, corrosion prevention, leakage prevention, and protective embankments or isolation operations in the workplace based on the dangerous goods listed in the "Port Dangerous Goods Operation Certificate" and their hazardous characteristics, and maintain normal and correct use.
Article 31: Dangerous goods port operators shall regularly maintain and upkeep the safety facilities and equipment in their dangerous goods operation sites in accordance with national and industry standards, and conduct regular inspections and tests. They shall promptly update any unqualified facilities and equipment to ensure normal operation. Maintenance, upkeep, testing, and inspection should be recorded and signed by relevant personnel.
Article 32: Port operators of dangerous goods shall set up clear safety warning signs on their workplaces, safety facilities, and equipment; At the same time, communication and alarm devices should be installed in their workplace and ensured to be in a suitable state.
Article 33: Special warehouses and storage tanks for dangerous goods shall comply with national and industry standards, be clearly marked, and undergo regular safety inspections and maintenance in accordance with relevant standards.
Article 34: If special equipment is used for dangerous goods port operations, it shall comply with the relevant provisions of the national special equipment management and be inspected as required.
Article 35: If a dangerous goods port operator uses pipelines to transport dangerous goods, they shall establish safety technical files for the transportation pipelines, have a pipeline distribution map, and regularly inspect and test the transportation pipelines, and set up clear signs.
When carrying out construction operations that may endanger the safety of dangerous goods transportation pipelines within the port area, the construction unit shall notify the pipeline owner in writing 7 days before the start of construction, and jointly develop emergency plans with the pipeline owner to take corresponding safety protection measures. The unit to which the pipeline belongs shall assign specialized personnel to the site to provide guidance on pipeline safety protection.
Article 36: The consignor of dangerous goods port operations shall provide the dangerous goods port operator with the consignor's identity information and complete and accurate information such as the name, UN number, hazard classification, packaging, quantity, emergency measures, and safety technical specifications of the dangerous goods; Dangerous goods with unknown hazardous properties shall provide a technical report on the identification of hazardous characteristics of dangerous goods issued by a professional organization with corresponding qualifications. Dangerous goods that must go through relevant procedures before being transported by waterway according to laws and administrative regulations shall also go through relevant procedures and provide relevant proof materials to the port operator.
The consignor of dangerous goods port operations shall not carry dangerous goods in the ordinary goods entrusted for operation, and shall not conceal or falsely report dangerous goods.
Article 37: Port operators of dangerous goods shall not load, unload, or store dangerous goods that have not submitted relevant information in accordance with Article 36 of these regulations. For those suspected of carrying dangerous goods in ordinary goods, or concealing or falsely reporting dangerous goods as ordinary goods, the local port administrative department or maritime management agency may open and inspect them in accordance with the law, and the dangerous goods port operator shall cooperate. The port administrative department and the maritime management agency shall inform each other of the inspection results to avoid duplicate dismantling.
Article 38: If any of the following situations occur, the operator of a dangerous goods port shall promptly handle and report to the local port administrative department:
（1） Discovering dangerous goods that have not been declared or have been declared incorrectly or falsely;
（2） Discovering dangerous goods in ordinary goods or containers;
（3） Dangerous goods with conflicting properties are found in dangerous goods that do not meet the requirements for loading, isolation, and stacking in national and industry standards.
The port administrative department shall promptly notify the local maritime management agency of relevant information related to ship navigation and operational safety.
Article 39: Dangerous goods packaged for port operations shall be properly packaged and corresponding markings shall be placed on the outer packaging. The material of packaging materials and containers, as well as the type, specifications, and methods of packaging, should be suitable for the nature of the goods being packaged and the transportation and handling requirements. The material, type, specifications, methods, and packaging marks shall comply with the requirements of relevant international treaties, national standards, and relevant regulations that China has joined and come into effect.
Article 40: Port operators of dangerous goods shall inspect the packaging and labeling of dangerous goods. If they find that the packaging and labeling do not comply with relevant national regulations, they shall not proceed with the operation and shall promptly notify or return the goods to the commissioning party for handling.
Article 41: Ships carrying dangerous goods entering or leaving ports shall handle declaration procedures with the maritime administrative agency in accordance with relevant regulations. The maritime administrative agency shall promptly notify the local port administrative department of the relevant declaration information.
Article 42 Before the loading and unloading of dangerous goods on board a ship, the operator of the dangerous goods port shall conduct a safety inspection with the operating ship in accordance with relevant regulations to confirm the safety status and emergency measures of the operation.
Article 43: Dangerous goods prohibited by the state from being transported by waterway shall not be loaded or unloaded at ports.
Article 44: Units engaged in the operation of adding inhibitors or stabilizers to dangerous goods in ports shall inform the relevant dangerous goods port operators and operating vessels of the relevant information before the operation.
Article 45: Port operators of dangerous goods shall report to the local port administrative department the name, quantity, physical and chemical properties, location and time of the dangerous goods, safety precautions, and other matters of the commissioning party and the dangerous goods 24 hours before the start of loading, unloading, and transshipment operations at the dangerous goods port. The local port administrative department shall make a decision on whether to agree to the operation within 24 hours after receiving the report, notify the reporter, and promptly report relevant information to the maritime management agency. If the reporter fails to start the assignment within 72 hours after obtaining the assignment approval, they shall report again. Without the approval of the local port administrative department, dangerous goods port operations shall not be carried out.
Dangerous goods port loading, unloading, and transshipment operations with fixed time, content, and method may be subject to regular declaration with the approval of the local port administrative department.
Article 46: Port operations for dangerous goods shall comply with relevant safety operation standards, regulations, and systems, and shall be conducted under the on-site command or monitoring of qualified loading and unloading management personnel.
Article 47: If two or more dangerous goods port operators carry out dangerous goods port operations in the same port operation area that may endanger each other's production safety, they shall sign a safety production management agreement, clarify their respective safety production management responsibilities and safety measures to be taken, and designate dedicated safety production management personnel to conduct safety inspections and coordination.
Article 48: Port operators of dangerous goods engaged in port operations involving explosives, gases, flammable liquids, flammable solids, substances prone to spontaneous combustion, substances that release flammable gases upon contact with water, oxidizing substances, organic peroxides, toxic substances, infectious substances, radioactive substances, and corrosive substances shall delineate the operation area, clarify the responsible person, and implement closed management. Clear signs should be set up in the work area to prohibit unrelated personnel from entering and unrelated ships from docking.
Article 49 Dangerous goods shall be stored in dedicated warehouses and storage tanks in the port area, and managed by dedicated personnel; Highly toxic chemicals and other dangerous goods that constitute a major hazard source in terms of storage quantity should be stored separately, and a system of two person receipt and two person custody should be implemented.
The storage methods, techniques, and quantities of dangerous goods, including direct loading and retrieval of dangerous goods containers and limited time and quantity storage, shall comply with national standards, industry standards, or relevant national regulations.
Article 50: Port operators of dangerous goods engaged in warehousing business shall establish a system for verifying and registering the entry and exit of dangerous goods.
For the storage of highly toxic chemicals and other dangerous goods that constitute a major hazard source, the dangerous goods port operator shall report the storage quantity, storage location, management measures, management personnel, and other information to the local port administrative department and relevant departments for filing in accordance with the law.
Article 51: Port operators of dangerous goods shall establish a dangerous goods operation information system, which shall record in real time the basic data of dangerous goods operations, including the types and quantities of dangerous goods, storage locations, physical and chemical characteristics, shipper information, safety and emergency measures, etc., and backup them outside the operation site. Information on dangerous goods operations should be promptly and accurately provided to relevant management departments as required.
Article 52: Dangerous goods port operators shall establish a safety production risk prevention and control system, carry out safety production risk identification and assessment, formulate specific control measures for different risks, and implement control responsibilities.
Article 53: Port operators of dangerous goods shall identify major hazard sources, determine the level of major hazard sources, implement graded management, and register and file them in accordance with relevant regulations. Dangerous goods port operators shall establish and improve safety management regulations for major hazard sources, formulate and implement safety management and monitoring plans for major hazard sources of dangerous goods, develop emergency plans, inform relevant personnel of emergency measures to be taken in emergency situations, and conduct regular safety assessments of major hazard sources.
Article 54: Port operators of dangerous goods shall report their major hazard sources, relevant safety measures, and emergency measures to the local port administrative department and relevant departments for filing in accordance with the law.
Article 55: If a dangerous goods port operator encounters any of the situations specified in Article 29 of these Regulations that may affect the level and risk level of a major hazard source, it shall re identify, classify, conduct safety assessments, modify its records, and promptly report to the local port administrative department and relevant departments for re filing.
Article 56: Dangerous goods port operators shall establish a system for identifying accident hazards, regularly conduct accident hazard inspections, timely eliminate hazards, truthfully record the situation of accident hazard inspections and management, and report it to employees.
Dangerous goods port operators shall promptly report the investigation and handling of major accident hazards to the local port administrative department for record.
Chapter 5 Emergency Management
Article 57: The local port administrative department shall establish an emergency response system for dangerous goods accidents and develop emergency plans for dangerous goods accidents at the port. The emergency plan shall be published to the public after being approved by the local people's government in accordance with the law.
The local port administrative department should promote the construction of specialized emergency teams and emergency resource reserves under the leadership of the local people's government, regularly organize emergency training and emergency rescue drills, and improve emergency capabilities.
Article 58: Dangerous goods port operators shall formulate special emergency plans and on-site disposal plans for dangerous goods accidents in their units, equip emergency rescue personnel and necessary emergency rescue equipment and devices in accordance with the law, organize emergency rescue training and drills at least once every six months, and keep records. The emergency plans shall be revised based on the results of the drills. The emergency plan should be targeted and operable, and be linked to the emergency plan for dangerous goods accidents published by the local port administrative department.
Dangerous goods port operators shall report their emergency plans and their revisions to the local port administrative department for filing, and make them public to their employees.
Article 59: In the event of a dangerous situation or accident during port operations involving dangerous goods, the port operator shall immediately activate the emergency plan, take emergency actions, eliminate the hazards of the accident, control the further spread of the accident, and report to the port administrative management department and relevant departments in accordance with relevant regulations.
When accidents occur during dangerous goods port operations, the local port administrative department shall report to the higher-level administrative department, local people's government, and relevant departments in accordance with regulations, and promptly organize rescue.
Chapter 6 Safety Supervision and Management
Article 60: The local port administrative department shall supervise and inspect the business qualifications of dangerous goods port operators through random inspections, annual verification, and other methods. If it is found that they no longer meet the conditions for safe production, their business license shall be revoked in accordance with the law.
Article 61: The local port administrative department shall supervise and inspect the port operations, loading and unloading, and storage areas of dangerous goods in accordance with the law, and clarify the inspection content, methods, frequency, and relevant requirements. When conducting supervision and inspection, the following powers may be exercised:
（1） Enter and inspect the hazardous goods port operation site, review, copy, and provide relevant documents or materials, and propose rectification suggestions.
（2） If it is found that the port operations and facilities, equipment, devices, devices, and transportation vehicles for dangerous goods do not comply with laws, regulations, rules, national standards, and industry standards, they shall be ordered to immediately stop using them.
（3） Random inspections shall be conducted on the packaging and labeling of dangerous goods. For those that do not comply with relevant regulations, the port operator shall be ordered to stop operations and promptly notify or return them to the commissioning party for processing.
（4） If any hidden dangers of accidents are found during the inspection, the dangerous goods port operator shall be ordered to eliminate them immediately or within a specified time limit; If safety cannot be guaranteed before or during the elimination of major accident hazards, the operators shall be ordered to evacuate from the dangerous area and temporarily suspend production and business; After the elimination of major accident hazards, operations can only be resumed with the approval of their review.
（5） Any illegal or irregular work behavior discovered shall be corrected on the spot or ordered to be corrected within a specified period of time.
（6） Conduct spot checks on emergency drills, and if any non-compliance is found, correct it on the spot or request a deadline for correction.
（7） With the approval of the main person in charge of this department, the place where dangerous goods are illegally stored shall be sealed and the illegally stored dangerous goods shall be seized in accordance with the law.
The port administrative management department shall conduct supervision and inspection in accordance with the law, and the number of supervision and inspection personnel shall not be less than 2, and shall present law enforcement credentials and record the law enforcement situation in writing. Supervision and inspection shall not affect the normal production and operation activities of the inspected units.
Article 62 Relevant units and individuals shall cooperate with the supervision and inspection conducted in accordance with the law, and shall not refuse or obstruct it. The port administrative department shall make a decision to suspend production or business in accordance with the law for major accident hazards, and dangerous goods port operators shall comply with the law and promptly eliminate the hazards. If the operator of a dangerous goods port refuses to comply and there is a real danger of production safety accidents, the port administrative department may, with the approval of the main person in charge of this department, take measures such as notifying relevant units to stop power supply in accordance with the law, and force the operator of a dangerous goods port to comply with the decision, while ensuring safety.
The port administrative department shall take measures to stop power supply in accordance with the provisions of the preceding paragraph. Except for emergency situations that endanger production safety, it shall notify the dangerous goods port operator 24 hours in advance. If the operator of a dangerous goods port fulfills the decision and takes corresponding measures to eliminate hidden dangers, the port administrative department shall promptly lift the power supply suspension measures.
Article 63: The local port administrative department shall strengthen the supervision and emergency preparedness of major hazard sources, establish and improve the archives of major hazard sources within its jurisdiction, organize and carry out risk analysis of major hazard sources, establish a safety inspection system for major hazard sources, regularly conduct safety inspections of port operators with major hazard sources, and urge port operators to rectify any hidden dangers found during inspections.
Article 64 The port administrative department shall establish a reporting system, conscientiously implement complaints and reports of various illegal and irregular activities engaged in dangerous goods port operations, accept social supervision, and timely expose illegal and irregular behaviors.
Article 65: Port administrative departments shall strengthen the construction of regulatory teams, establish and improve safety education and training systems, and regulate administrative law enforcement behavior in accordance with the law.
Article 66: The local port administrative department shall equip necessary dangerous goods port safety inspection equipment, establish a dangerous goods port safety supervision information system, and have the ability to supervise and manage dangerous goods port safety.
Article 67: The port administrative department shall establish a database of experts in port dangerous goods management. The expert database should be composed of professionals who are familiar with relevant laws, regulations, and technical standards related to port safety, dangerous goods port operations, port safety technology, port engineering, port safety management, and port emergency rescue.
When organizing safety condition reviews, safety facility design reviews, or other dangerous goods management work in ports, if the port administrative management department needs to involve experts or listen to their opinions, it shall draw from the expert database.
Article 68: The local port administrative department shall establish and improve a safety production integrity management system. For dangerous goods port operators who engage in safety production violations or cause adverse social impacts, they shall be included in the safety production bad credit record and included in the transportation and related unified credit information sharing platform.
Chapter 7 Legal Liability
Article 69: If a dangerous goods port construction project is newly built, renovated, or expanded without undergoing a safety condition review, the local port administrative department shall order it to stop construction and make corrections within a specified time limit; For those who fail to make corrections within the deadline, a fine of not less than 500000 yuan but not more than 1 million yuan shall be imposed.
Article 70: If a dangerous goods port construction project engages in any of the following behaviors, the local port administrative department shall order it to stop construction or suspend production and business for rectification, and set a deadline for correction; For those who fail to make corrections within the prescribed time, a fine of not less than 500000 yuan but not more than 1 million yuan shall be imposed, and the directly responsible supervisors and other directly responsible personnel shall be fined not less than 20000 yuan but not more than 50000 yuan:
（1） Failure to conduct safety evaluations of dangerous goods port construction projects in accordance with regulations;
（2） There is no safety facility design or the safety facility design has not been reviewed and approved by the port administrative department in accordance with regulations;
（3） The construction unit did not follow the approved safety facility design during construction;
（4） Engaging in dangerous goods port operations without passing the inspection of safety facilities.
Article 71: Those who have not obtained the corresponding port operation license in accordance with the law, or engage in dangerous goods port operations beyond the scope of the license, shall be ordered by the local port administrative department to stop illegal operations and have their illegal gains confiscated; For illegal gains of more than 100000 yuan, a fine of not less than 2 times but not more than 5 times the illegal gains shall be imposed; If the illegal gains are less than 100000 yuan, a fine of 50000 yuan to 200000 yuan shall be imposed.
Article 72: If the operator of a dangerous goods port fails to extract and use safety production funds in accordance with the law, resulting in the lack of safety production conditions, the local port administrative department shall order it to make corrections within a specified period of time; Those who fail to make corrections within the prescribed time limit shall be ordered to suspend production and business for rectification.
Article 73: If a dangerous goods port operator commits any of the following acts, the local port administrative department shall order it to rectify within a specified time limit and may impose a fine of up to 50000 yuan; For those who fail to make corrections within the prescribed time, they shall be ordered to suspend production and business for rectification, and shall be fined not less than 50000 yuan but not more than 100000 yuan. The directly responsible person in charge and other directly responsible personnel shall be fined not less than 10000 yuan but not more than 20000 yuan:
（1） Failure to establish safety production management institutions or equip safety production management personnel in accordance with regulations;
（2） Failure to provide safety production education and training to employees in accordance with the law, or failure to truthfully record the situation of safety production education and training;
（3） Failure to truthfully record the investigation and treatment of accident hazards or failure to report to employees;
（4） Failure to develop emergency response plans for dangerous goods accidents in accordance with regulations or failure to regularly organize drills.
Article 74: If a dangerous goods port operator commits any of the following acts, the local port administrative department shall order it to rectify within a specified time limit and may impose a fine of up to 100000 yuan; Those who fail to make corrections within the prescribed time limit shall be ordered to suspend production and business for rectification, and shall be fined not less than 100000 yuan but not more than 200000 yuan. The directly responsible person in charge and other directly responsible personnel shall be fined not less than 20000 yuan but not more than 50000 yuan:
（1） Failure to establish specialized safety management systems and adopt reliable safety measures for dangerous goods port operations;
（2） Failure to register and file major hazard sources, or failure to assess, monitor, or develop emergency plans;
（3） Failure to establish a system for identifying and managing potential accident hazards.
Article 75: If a dangerous goods port operator falls under any of the following circumstances, the local port administrative department shall order it to rectify and may impose a fine of up to 50000 yuan; For those who fail to make corrections within the prescribed time, a fine of not less than 50000 yuan but not more than 200000 yuan shall be imposed, and the directly responsible supervisors and other directly responsible personnel shall be fined not less than 10000 yuan but not more than 20000 yuan; Those with serious circumstances shall be ordered to suspend production and business for rectification:
（1） Failure to set up clear safety warning signs on production workplaces, safety facilities, and equipment;
（2） Failure to install and use safety facilities and equipment in accordance with national standards, industry standards, or relevant national regulations, and to conduct regular maintenance, upkeep, and periodic inspections.
Article 76: If a dangerous goods port operator falls under any of the following circumstances, the local port administrative department shall order it to rectify and may impose a fine of up to 50000 yuan; For those who fail to make corrections within the deadline, a fine of not less than 50000 yuan but not more than 100000 yuan shall be imposed; Those with serious circumstances shall be ordered to suspend production and business for rectification:
（1） Failure to clearly mark the dangerous goods pipelines it has laid, or failure to regularly inspect and test the dangerous goods pipelines;
（2） Special storage yards and tanks for dangerous goods are not managed by dedicated personnel, or the storage of highly toxic chemicals and other dangerous goods that constitute a major hazard source is not subject to a dual person receiving, dispatching, and dual person custody system;
（3） Failure to establish a system for verifying and registering the entry and exit of dangerous goods;
（4） Loading, unloading, and storing dangerous goods without safety technical instructions or packaging dangerous goods without corresponding markings on the outer packaging;
（5） Failure to install communication and alarm devices in the workplace.
If construction operations that may endanger the safety of dangerous goods pipelines are carried out in ports, and the construction unit fails to notify the pipeline owner in writing according to regulations, or fails to jointly develop emergency plans and take corresponding safety protection measures with the pipeline owner, or the pipeline owner fails to assign specialized personnel to the site for pipeline safety protection guidance, the local port administrative department shall impose penalties according to the penalty amount specified in the preceding paragraph.
Article 77: If a dangerous goods port operator falls under any of the following circumstances, the local port administrative department shall order it to rectify and impose a fine of not less than 50000 yuan but not more than 100000 yuan; Those who fail to make corrections within the prescribed time limit shall be ordered to suspend production and business for rectification; Except for the first situation, if the circumstances are serious, the port operation license may also be revoked:
（1） Not conducting operations under the on-site command or monitoring of qualified loading and unloading management personnel;
（2） Failure to conduct regular safety evaluations of their safety production conditions in accordance with these regulations;
（3） Failure to store dangerous goods in dedicated warehouses or storage tanks, or failure to separately store highly toxic chemicals and other dangerous goods that constitute a major hazard source in dedicated warehouses or storage tanks;
（4） The storage methods, techniques, or quantities of dangerous goods do not comply with national standards or relevant regulations;
（5） Dangerous goods storage yards and tanks that do not meet the requirements of national and industry standards.
Article 78: If a dangerous goods port operator falls under any of the following circumstances, the local port administrative department shall order it to rectify and may impose a fine of up to 10000 yuan; For those who fail to make corrections within the deadline, a fine of not less than 10000 yuan but not more than 50000 yuan shall be imposed:
（1） Failure to file the safety assessment report and implementation status with the port administrative department;
（2） Failure to report the storage quantity, storage location, and management personnel of highly toxic chemicals and other dangerous goods that constitute major hazard sources to the port administrative management department for filing.
Article 79: If two or more dangerous goods port operators engage in dangerous goods port operations within the same port operation area that may endanger each other's production safety, and fail to sign a safety production management agreement or designate dedicated safety management personnel to conduct safety inspections and coordination, the local port administrative department shall order them to make corrections within a time limit and may impose a fine of up to 10000 yuan. The directly responsible person in charge and other directly responsible personnel may be fined up to 3000 yuan; For serious cases, a fine of not less than 10000 yuan but not more than 50000 yuan may be imposed, and the directly responsible supervisors and other directly responsible personnel may be fined not less than 3000 yuan but not more than 10000 yuan; Those who fail to make corrections within the prescribed time limit shall be ordered to suspend production and business for rectification.
Article 80: If the operator of a dangerous goods port fails to take measures to eliminate hidden dangers of accidents, the local port administrative department shall order immediate elimination or a deadline for elimination; Those who fail to make corrections within the prescribed time limit shall be ordered to suspend production and business for rectification, and shall be fined not less than 100000 yuan but not more than 500000 yuan. The directly responsible person in charge and other directly responsible personnel shall be fined not less than 20000 yuan but not more than 50000 yuan.
Article 81: Those who fail to report and obtain consent for dangerous goods loading, unloading, and transshipment operations in accordance with these regulations shall be ordered to rectify by the local port administrative department and fined between 5000 yuan and 50000 yuan.
Article 82: If a dangerous goods port operator commits any of the following acts, the local port administrative department shall order it to rectify and impose a fine of up to 30000 yuan:
（1） Loading and unloading dangerous goods prohibited by the state from being transported by waterway through the port waters;
（2） Failure to truthfully record the basic data of dangerous goods operations;
（3） Carrying out operations despite discovering that the packaging and safety signs of dangerous goods do not comply with relevant regulations;
（4） Those who do not have the distribution map and safety technical files of the dangerous goods transportation pipelines used in their operations;
（5） Failure to promptly file the investigation and handling of major accident hazards and emergency plans with the local port administrative department;
（6） Failure to implement safety production risk prevention and control in accordance with regulations.
If the relevant dangerous goods port operators and operating vessels are not informed of the relevant situation before engaging in the operation of adding inhibitors or stabilizers to dangerous goods in the port, the local port administrative department shall order them to make corrections and impose a fine of up to 30000 yuan on the relevant units.
Article 83: If the port operation commissioning party fails to provide relevant information on the dangerous goods being consigned to the port operator in accordance with regulations, the local port administrative department shall order it to rectify and impose a fine of not less than 50000 yuan but not more than 100000 yuan. If the port operation entrusting party carries dangerous goods in the ordinary goods being shipped, or falsely reports or conceals dangerous goods as ordinary goods being shipped, the local port administrative department shall order correction and impose a fine of not less than 100000 yuan but not more than 200000 yuan. If there are illegal gains, they shall be confiscated.
Article 84: If a dangerous goods port operator refuses or obstructs the port administrative department from carrying out safety supervision and inspection in accordance with the law, the port administrative department shall order it to make corrections; For those who fail to make corrections within the deadline, a fine of not less than 20000 yuan but not more than 200000 yuan shall be imposed; Impose a fine of no less than 10000 yuan and no more than 20000 yuan on the directly responsible supervisors and other directly responsible personnel.
Article 85: If any staff member of the port administrative department commits any of the following acts, administrative sanctions shall be imposed on the directly responsible person in charge and other directly responsible personnel:; If a crime is committed, criminal responsibility shall be pursued in accordance with the law:
（1） Failure to implement administrative licensing in accordance with the prescribed conditions, procedures, and deadlines;
（2） Failing to stop or investigate illegal activities in accordance with the law, and the circumstances are serious;
（3） Failure to fulfill the supervisory and management responsibilities set forth in these regulations, resulting in serious consequences;
（4） Other acts of abuse of power, dereliction of duty, and favoritism.
Article 86: Any violation of other provisions of these regulations that should be punished shall be carried out in accordance with laws and regulations such as the Port Law, the Safety Production Law, and the Regulations on the Safety Management of Hazardous Chemicals.
Chapter 8 Supplementary Provisions
Article 87: Dangerous goods referred to in these regulations refer to substances, materials, or items with hazardous characteristics such as explosion, flammability, toxicity, corrosion, and radioactivity that are prone to cause personal injury, property damage, or environmental pollution during port operations and require special protection, including:
（1） Packaged dangerous goods listed in the Dangerous Goods List of Part 3 of the International Maritime Dangerous Goods Code (IMDG code), as well as other packaged goods not listed but assessed to have safety hazards;
（2） Solid bulk cargo containing United Nations dangerous goods numbers in Appendix 1B of the International Maritime Solid Bulk Cargo Code (IMSBC code), as well as other solid bulk cargo assessed to pose a safety hazard;
（3） Bulk oils listed in Appendix 1 of Annex I to the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 relating to MARPOL 73/78;
（4） Bulk liquid chemicals listed in Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC code), as well as other bulk liquid chemicals not listed but assessed to have safety hazards, are only included in the port storage process for bulk liquid chemicals with safety hazards as mentioned above;
（5） Bulk liquefied gases listed in Chapter 19 of the International Code for the Construction and Equipment of Bulk Liquefied Gas Ships (IGC code), as well as other bulk liquefied gases not listed but assessed to have safety hazards;
（6） Other dangerous goods specified in international treaties or national standards that China has joined or concluded;
（7） Dangerous chemicals listed in the Catalogue of Hazardous Chemicals.
Article 88: These regulations shall come into effect on October 15, 2017. The "Regulations on the Safety Management of Dangerous Goods in Ports" (Order No. 9 of 2012 of the Ministry of Transport) issued by the Ministry of Transport on December 11, 2012, are simultaneously abolished.
Attachment: Port Dangerous Goods Operation Certificate (omitted, please log in to the website of the Ministry of Transport for details)
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