Scale Of Livestock Breeding Pollution Control Ordinance

Original Language Title: 畜禽规模养殖污染防治条例

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People's Republic of China promulgated by Decree No. 643

                     
The scale of livestock breeding pollution control Ordinance on October 8, 2013 adopted by the 26th Executive meeting of the State Council, are hereby promulgated and take effect on January 1, 2014.
                         Prime Minister Li keqiang
On November 11, 2013 scale of livestock breeding pollution control Ordinance

Chapter I General provisions article in order to control livestock pollution, promote the comprehensive utilization and treatment of livestock wastes, protect and improve the environment, protect public health and promote the sustained and healthy development of animal husbandry, this Ordinance is enacted.

Article II of this Ordinance shall apply to livestock and poultry farms, breeding breeding pollution control.

Livestock and poultry farms, the size of the breeding standard according to the development of animal husbandry and livestock breeding pollution control requirements.

Pastoral grazing breeding pollution prevention, these regulations do not apply.

Article animal aquaculture pollution prevention should be taken into account the need of protecting the environment and promoting animal husbandry development, adhere to the principle of putting prevention first and combining prevention, implementation of overall planning, rational geographical distribution and comprehensive utilization, motivates and directs.

Forth people's Governments at various levels shall strengthen the livestock pollution prevention work organization and leadership, to take effective measures to increase capital investment, supporting comprehensive utilization of livestock and poultry and livestock waste pollution prevention and control.

Fifth environmental protection departments above the county level people's Government is responsible for the unified supervision and management of livestock pollution prevention.

The people's Government above the county level agricultural departments in charge of comprehensive utilization of livestock waste guidance and services.

Comprehensive management of circular economy development in the people's Governments above the county level shall be responsible for organization and coordination of the livestock circular economy.

The people's Government above the county level in accordance with the provisions of this Ordinance and other relevant departments to their respective duties, responsible for livestock and poultry pollution prevention related work.

Township people's Government shall assist the relevant departments in the administrative areas of livestock pollution prevention.

Sixth engaged in poultry and livestock waste recycling and harmless treatment activities, shall conform to the national requirements related to animal aquaculture pollution prevention and control, and shall be subject to the supervision of the competent authorities to check. The seventh State encourages and supports animal farming pollution prevention and treatment and comprehensive utilization and treatment of livestock waste science and technology research and equipment research and development.

People's Governments at all levels should support the promotion of advanced and applicable technologies, improvement of livestock breeding pollution control level. Eighth article of any units and individuals in violation of the provisions of this Ordinance, the right to environmental protection and other relevant departments to report the people's Government above the county level.

Complaint Department shall timely investigate and deal with.

Livestock units and individuals who have made outstanding contributions to pollution control, recognition and reward in accordance with the relevant provisions of the State.
  Chapter II prevention Nineth agriculture and animal husbandry departments above the county level people's Governments preparing livestock development planning, the people's Governments at the corresponding level, or their authorized Department for approval before implementation.

Livestock development planning should be taken into account carrying capacity of the environment and animal aquaculture pollution prevention requirements, reasonable layout, the science determine the variety, size, amount of livestock. Tenth people's Governments above the county level departments of agriculture and animal husbandry Department of environmental protection prepared animal aquaculture pollution prevention planning, the people's Governments at the corresponding level, or their authorized Department for approval before implementation.

Animal aquaculture pollution prevention planning should be dovetailed with the livestock development planning, considering livestock production layout, clear animal aquaculture pollution prevention goals, tasks, focus area, clear pollution control construction of key facilities, and comprehensive utilization of waste and other pollution prevention measures.

11th is forbidden to build poultry farms and small-scale breeding in the following area:

(A) the drinking water source protection areas, scenic areas;

(B) core and buffer zones of nature reserves;

(C) urban area, culture, scientific research and other populated areas;

(D) prohibited by laws or regulations of other culture areas. 12th new construction, renovation or expansion of livestock and poultry farms, breeding, development planning, livestock and animal husbandry shall comply with pollution prevention planning, meet the animal epidemic prevention, and environmental impact assessment. Large livestock farms that may have a significant impact on the environment, the farming community should prepare environmental impact reports; other poultry farms and small-scale breeding should fill in registration forms of environmental impact.

List of large farms, breeding of livestock and poultry management, by the Environmental Protection Department Agriculture and animal husbandry Department of the State Council to determine.

Environmental impact assessment should focus on include: livestock type and quantity of waste, waste recycling and treatment programmes and measures, waste elimination and treatment and discharged directly into the environment, may end up on water, soil and other environmental and human health impact of the programmes and measures to control and reduce the impact. 13th livestock and poultry breeding farms, the farming community should be based on the size and pollution prevention and control needs, build appropriate manure, sewage and stormwater diversion facilities and storage facilities in the manure, sewage, manure anaerobic digestion and macerate, manure processing, the production of biogas, biogas dregs and biogas liquid separation and transportation, sewage treatment, comprehensive utilization of animal body disposal and treatment facilities.

Has been commissioned on behalf of comprehensive utilization and treatment of livestock waste, you can not build their own comprehensive utilization and treatment facilities.

Not building pollution prevention facilities, facilities for the construction of their own failed, or were not commissioned others to livestock waste comprehensive utilization and treatment, livestock and poultry farms and small-scale breeding may not be put into production or use.

Construction of livestock and poultry farms, breeding their own pollution prevention facilities, should ensure that it is running properly.

14th engaged in livestock activities, scientific ways of feeding and waste treatment process should be taken effective measures to reduce the amount of livestock waste and emissions into the environment.
  Chapter III comprehensive utilization and management

15th article States encouraged and supported to take manure, biogas production from organic fertilizer, manufacturing methods and comprehensive utilization of livestock and poultry waste.

16th State encouragement and support for planting and cultivation methods to dissolve using the livestock wastes, livestock manure, sewage and other waste in place nearby.

17th the State encourages and supports methane production, organic fertilizer production waste comprehensive utilization of biogas dregs and biogas liquid delivery and application, biogas and other related infrastructure.

18th manure, sewage, biogas, biogas slurry as fertilizer should be commensurate with the absorptive capacity of the land, and take effective measures to eliminate potential infectious diseases caused by micro-organisms, prevent pollution of the environment and spread disease.

19th engaged in livestock and livestock waste disposal activities, shall promptly to the manure, animal body for collection, storage, transportation, sewage, prevents odor and livestock wastes seeps, leaks. 20th processed livestock waste released into the environment, and shall meet the requirements of national and local standards and indicators of total control.

Untreated livestock waste may not be directly discharged into the environment.

21st infected livestock and poultry as well as infected animal excretions, infected animal body, dead or unknown animal diseases of livestock wastes, should be in accordance with the relevant provisions of laws and regulations and the State Department of agriculture and animal husbandry Department, made use of deeply buried, and incineration, treatment may not be disposed. 22nd livestock and poultry breeding farms and small-scale breeding livestock shall regularly be variety, scale and comprehensive utilization of livestock wastes, emissions and submitted to County departments of environmental protection.

Environmental protection departments should periodically to record CC at the agriculture and animal husbandry Department.

23rd people's Governments above the county level should be based on the competent Department of environmental protection responsibilities of livestock breeding pollution control supervision and inspection, and to strengthen the monitoring of livestock pollution.

Township people's Governments and grass-roots mass self-government organizations found that livestock and poultry pollution actions should stop and report in a timely manner.

Article 24th of pollution-intensive livestock regions, city and county governments should develop a comprehensive treatment plan, organization construction of livestock waste recycling and treatment facilities, planned measures such as relocation of livestock on or off, to control livestock pollution.

25th due to livestock development planning, land use planning, urban and rural planning as well as the prohibitions are breeding areas, or due to serious pollution of livestock and poultry farming intensive area comprehensive treatment, absolutely necessary to close or relocate an existing livestock premises, resulting in economic losses of livestock and poultry farmers, local people's Governments at or above the county level shall be compensated according to law.
  The fourth chapter incentive

26th people's Governments above the county level shall take measures such as model award, enabling large-scale, standardized livestock, standardizing support livestock and poultry farms and small-scale breeding improvement and pollution control facilities construction and renovation, encourages the dispersion raised to intensive rearing methods change.

27th formulated local people's Governments at or above the county level overall land use planning processes should be integrated, intensive livestock farming land into the planning and implementation of aquaculture sites.

State encourages the use of wasteland and barren hills, waste valleys, barren hillocks, wasteland and other unused land to carry out large-scale, standardized animal breeding.

Land used for livestock and agricultural land management and in accordance with the relevant provisions of the State establishing production facilities and the necessary ancillary facilities such as pollution prevention and control.

28th article construction and renovation of livestock pollution prevention facilities, may apply in accordance with State regulations, including environmental protection, pollution control loan subsidies and related funding.

Article 29th of livestock pollution prevention, using organic fertilizer production and management of livestock waste such as livestock waste recycling activities, enjoy national tax policy.

30th use livestock waste to produce organic fertilizer products, enjoy national fertilizer transportation arrangements to support policy purchase of products of organic fertilizer used, enjoy no less than State concerning the use of chemical fertilizer subsidies and other preferential policies.

Livestock and poultry farms, breeding livestock and agricultural pollution control facilities operation electricity electricity prices. 31st State encourages and supports the use of livestock waste for biogas, spontaneous use, redundant power grid.

Utilities should be in accordance with the law and relevant regulations of the State to provide biogas network access without discrimination, and full purchase within range of its power grid with grid-compliant excess power. Use of livestock waste for biogas, to enjoy the price set by the State preferential policies.

Use of biogas production from livestock wastes or production of natural gas, to enjoy the new energy policies.

Local people's Governments at various levels according to local area article 32nd, livestock and poultry farms, farming community expenditure the construction project environmental impact Advisory fee subsidies.

33rd State encouragement and support to infected poultry, dead or unknown animal centralized harmless treatment of body and in accordance with the relevant provisions of the State give appropriate subsidies to processing costs, loss of culture.

34th livestock and poultry breeding farms and small-scale breeding discharge of pollutants in accordance with national and local regulations of total quantity control of pollutant emission standards and indicators, voluntary environmental agreements for further emissions reduction agreement by the competent authority, granted by the people's Governments at the county level in accordance with the relevant provisions of the State Award, and priorities of the people's Governments above the county level environmental protection and livestock development related scope of financial support.

Article 35th of livestock and poultry farmers to voluntarily build comprehensive utilization and treatment facilities, as well as measures to reduce pollutant emissions, in accordance with the provisions of this Ordinance applicable incentives and supporting policies.
  The fifth chapter legal liability

36th people's Governments at various levels the competent Department of environmental protection, agriculture and animal husbandry departments, as well as other relevant departments did not perform their duties in accordance with the provisions of this Ordinance, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions directly responsible person in charge and other direct liable persons constitutes a crime, criminal responsibility shall be investigated according to law. 37th in violation of the provisions of this Ordinance, banning aquaculture construction of livestock and poultry farms in the region, breeding areas, local people's Governments at or above the county level authorities shall order to stop violations of environmental protection who refuses to desist from the illegal act, fines of between 30,000 yuan and 100,000 yuan, and reported to the people's Governments above the county level shall be ordered to be dismantled or shut down.

In the construction of drinking water source protection area farms, breeding of livestock and poultry, and local people's Governments at or above the county level environmental protection authorities shall order to stop the illegal practice, fined not more than 100,000 yuan and 500,000 yuan, and approval of the people's Government, as have the right of approval, shall be ordered to be dismantled or shut down.

38th in violation of the provisions of this Ordinance, and poultry farm, farming community environmental impact assessment should be carried out according to law but have not carried out, by the right to approve the project and environmental impact assessment the environmental protection departments of the file shall be ordered to stop construction, completing the formalities of limited duration; fails to go through the formalities, fines of between 50,000 yuan and 200,000 yuan.

39th article violation this Ordinance provides, not construction pollution control supporting facilities or itself construction of supporting facilities not qualified, also not delegate others on animal farming waste for utilization and harmless of processing, animal farms, and farming community that input production, and using, or construction of pollution control supporting facilities not normal run of, by County above government environmental protection competent sector ordered stop production or using, can at 100,000 yuan following of fine.

40th in violation of the provisions of this Ordinance, any of the following acts, local people's Governments at or above the county level authorities shall order to stop violations of environmental protection, adopt measures to eliminate pollution of limited duration, in accordance with the People's Republic of China water pollution control law and the People's Republic of China relevant law on prevention and control of environmental pollution by solid waste shall be punished:

(A) livestock waste used as fertilizer, beyond the absorptive capacity of land, causing environmental pollution;

(B) engaged in the livestock or livestock waste disposal activities, failed to take effective measures to lead to livestock waste seeps, leaks. 41st emissions from livestock wastes do not meet state or local provision of total quantity control of pollutant emission standards or indicators, or without the harmless treatment of direct discharge of livestock wastes into the environment, local people's Governments at or above the county level environmental protection departments ordered control, may be fined not more than 50,000 yuan.

Local people's Governments at or above the county level environmental protection Department made after the prescribed period of time decided, shall, together with the people's Government at the agriculture and animal husbandry, and other relevant departments to verify the implementation of the corrective measures and publicize the results of verification.

42nd is not in accordance with the provisions of article plague livestock and harmless treatment of diseases of livestock waste, be ordered by the animal health supervision institutions sound processing, required the violator's expense and may be fined not more than 3000 Yuan.
  The sixth chapter supplementary articles

Article 43rd livestock and poultry farms, farming community of specific size criteria determined by the provincial governments, and reported to the Environmental Protection Department and the agriculture and animal husbandry Department of the State Council for the record. The 44th article of the regulations come into force on January 1, 2014.

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