Pollution Source Auto-Monitoring Facilities, Site Supervision And Examination Methods

Original Language Title: 污染源自动监控设施现场监督检查办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201209/20120900371815.shtml

Pollution source auto-monitoring facilities, site supervision and examination methods

    (Released February 1, 2012 the Ministry of environmental protection, the 19th since April 1, 2012) directory

    Chapter I General provisions

    Chapter II supervision and administration

    Chapter III supervision and inspection

    The fourth chapter legal liability

    The fifth chapter supplementary articles

    Chapter I General provisions

    First for the purpose of strengthening site supervision and examination on pollution source auto-monitoring facilities to ensure their normal operation, ensure that automatic monitoring data of real, reliable and effective, in accordance with the People's Republic of China water pollution control law and the People's Republic of China air pollution prevention law and other relevant laws and regulations, these measures are formulated.

    Article source automatic monitoring and control facilities in these measures refers to in the source site installation for monitor, monitoring pollutant discharge of automatic on-line monitoring instrument, flow (rate) meters, pollution treatment facility operation recorder and data acquisition and transfer apparatus, instruments, sensors and other facilities, is part of the pollution control facilities.

    Third article this way applies to environmental protection departments at all levels to site supervision and examination of pollution source monitoring facilities.

Site supervision and examination of the fourth source automatic monitoring devices, by various environmental protection authorities or the exercise of his duties of supervision and inspection on site of the Agency (hereinafter referred to as supervision and inspection agencies) in charge.

    Provincial environmental protection authorities to monitor the pollution source auto-monitoring facilities management and site supervision and examination authority, established by the provincial environmental protection authorities.

    Article fifth source automatic monitoring and control facilities for site supervision and examination, should be combined with other pollution prevention facilities of the on-site inspection and comply with the relevant laws and regulations, standards, technical norms and regulations of the competent Department of environmental protection.

Sixth source automatic monitoring facilities for producers and distributors shall ensure the production and sale of pollution source auto-monitoring facilities in accordance with the State standards. Units run their own pollution source auto-monitoring facilities, should ensure that it is running properly.

Made by environmental pollution control facilities operation qualification unit (hereinafter referred to as operating unit) running of pollution source monitoring facilities, sewage shall cooperate with and supervise the operating unit normal operation; operating unit shall ensure normal operation of pollution source monitoring facilities. Producers and sellers of pollution source monitoring facilities and units should accept and cooperate with supervision and inspection agencies and operating units of supervision and inspection, and in accordance with the requirements for technical data.

    Supervision and inspection agencies are obliged to keep in check for the units under inspection obtained trade secrets.

    Chapter II supervision and administration Seventh article source automatically once the monitoring facilities and construction units should organize for inspection in a timely manner.

After acceptance, source automatic monitoring and control facilities can be put to use.

Ownership units or other sources of automatic monitoring and control facilities shall be within five working days of the acceptance of pollution source monitoring facilities, sources of automatic monitoring and control facilities have registered supervision and inspection agencies of competent jurisdiction. Pollution source auto-monitoring facilities, major equipment or core component replacing main equipment, sampling location, or significant changes in the installation location should be reorganized and acceptance.

Units or other sources of automatic monitoring and control facilities should be back within five working days after the acceptance, to the supervision and inspection agencies of competent jurisdiction changing registration.

    Supervision and inspection agencies having jurisdiction of pollution source auto-monitoring facilities should be registered items shall be registered in a timely manner, as the basis for site supervision and examination. Eighth source automatic monitoring and control of facilities be removed or stopped, units or operating unit shall report prior to the supervision and inspection agencies having jurisdiction, supervision and agreement of the inspection body that has jurisdiction to be implemented.

Supervision and inspection agencies having jurisdiction upon receipt of the report, can organize the site to verify, within five working days after receipt of the report and make a decision fails to take a decision, as agreed. Pollution source auto-monitoring facility failure in normal use, units or operating unit shall have jurisdiction within 12 hours after the failure of supervision and inspection reports, and timely maintenance, guarantee normal operation within five working days.

    During the outage, units or operating unit shall, in accordance with the regulations and technical specifications, manual monitoring, emission monitoring and submit monitoring data. Nineth subordinate departments shall each quarter up environmental protection Department of environmental protection reported pollution source auto-monitoring facilities, site supervision and examination work.

    Provincial environmental protection department shall, before January 30 of each year to the Ministry of environmental protection, the Administration submitted the previous year source automatic monitoring and control facilities on-site supervision and inspection reports.

Tenth source automatic monitoring and control facilities for site supervision and examination work reported should include the following:

(A) the master run pollution source auto-monitoring facilities in the Pro RC, the existing problems and suggestions;

(B) the area relating to the violations and their investigation of pollution source monitoring facilities and typical cases;

    (C) the pollution source auto-monitoring equipment producers and sellers and operational units in the area of service quality assessment.

    11th environmental protection departments at higher levels shall regularly organize on environmental protection departments at lower levels within their respective jurisdictions pollution source auto-monitoring facilities inspection the site supervision and examination work and a special examination.

    12th site supervision and examination of the situation of pollution source monitoring facilities, it shall be open.

    Chapter III supervision and inspection

13th site supervision and examination on pollution source auto-monitoring facilities, should focus on the following:

(A) standardization of discharge;

(B) field ends construction of pollution source monitoring facilities;

(C) the sources of automatic monitor and control facilities changes;

(D) the pollution source automatic monitoring and health facilities;

(E) sources of automatic monitoring and control facilities operation, maintenance, repair, calibration, calibration records;

(F) the relevant qualification, the validity of the certificate, sign;

    (G) the production condition and pollution control facilities operation and automatic monitoring data of relevance.

14th source automatic monitoring and site supervision and examination facilities are divided into routine and focus inspections. Supervision of inspection bodies shall provide regular routine checks on pollution source auto-monitoring facilities.

National monitoring pollution source auto-monitoring facilities for a routine check at least once a month; to other enterprise sources of automatic monitoring and routine inspection of the facilities at least once every quarter. For allegedly failing to run properly, the use of pollution source monitoring facilities or fraud and other illegal enterprises, supervision and inspection bodies should focus on.

Focus on concerned departments and experts may be invited to attend.

    Implementation of pollution source auto-monitoring facilities or focus on routine inspections, depending on the circumstances, prior notification to the inspected units, with or without prior notice.

15th site supervision and examination of pollution source monitoring facility, in accordance with the following procedures:

(A) the preparation, including pollution source auto-monitoring facility registration conditions, pollutant emissions and pollution control of the situation, on-site inspection equipment;

(B) conduct on-site supervision and inspection;

(C) identified working end to site supervision and examination;

(D) for allegedly failing to run properly, or fraud and other illegal acts, to focus on;

(E) the focus of inspection, found an illegal act, shall be punished according to law.

    Pollution source auto-monitoring facilities, site supervision and examination results, timely feedback should be checked.

16th site supervision and examination personnel shall, in accordance with the relevant technical specifications required to fill in site supervision and examination tables, making site supervision and examination.

Field inspectors for pollution source auto-monitoring facilities on-site monitoring and checking, you can take the following measures:

(A) to photograph, sound recording, video recording, equipment calibration or saved copies of documents, data and other data; (B) using the fast monitoring instruments of sampling.

If necessary, by environmental monitoring agency a supervisory monitoring or monitoring and provide monitoring results;

(C) require units or operating unit of pollution source auto-monitoring facilities of hardware, software, technical testing;

    (D) storage-related samples, reagents and other materials, and sent to the relevant departments or organizations.

    The fourth chapter legal liability

    17th article sewage units or other sources automatically monitoring facilities ownership units, not according to this approach seventh article of provides to has jurisdiction right of supervision check institutions registration its sources automatically monitoring facilities about situation, or registration situation not true of, in accordance with People's Republic of China water pollution control method 72nd article subsection (a) items or People's Republic of China air pollution control method 46th article subsection (a) items of provides punishment.

18th units or operating unit, one of the following acts, in accordance with the People's Republic of China Law on water pollution prevention and control article 70th or the People's Republic of China article 46th air pollution prevention and Control Act (b) the provisions of the:

(A) to prohibit access, delay and other way obstruct the inspectors access to the site to check sources of automatic monitoring and control facilities;

(B) the uncooperative instrument calibrated field tests;

(C) does not provide the technical information requested and run records;

    (D) do not answer truthfully field inspectors ask.

19th units or operating unit dismantles, spare source automatic monitoring facilities, or any of the following acts, in accordance with the People's Republic of China Law on water pollution prevention and control the 73rd article or the People's Republic of China article 46th air pollution prevention and Control Act (c) the provisions of the:

(A) the Environmental Protection Department, in part or in whole to stop pollution source auto-monitoring facilities;

(B) pollution source auto-monitoring failure does not run correctly, not in accordance with the provisions of the report without timely maintenance and normal running;

(C) not in accordance with the technical specifications operation, obvious distortion of the lead pollution source auto-monitoring data;

(D) not in accordance with the technical specifications operation, resulting in pollution source auto-monitoring data transmitted an apparent inconsistency;

(V) not in accordance with the technical specifications operation, leading to sewage production condition and pollution control facilities operation and automatic monitoring of abnormal data correlation;

(Vi) unauthorized modifications of automatic monitoring system for pollution-related parameters and data;

(VII) pollution source auto-monitoring data validity through effective review or audit failures;

    (VIII) other human-caused sources of automatic monitoring and control facilities are not functioning.

20th units or operating unit, one of the following acts, in accordance with the People's Republic of China Law on water pollution prevention and control article 70th or the People's Republic of China article 46th air pollution prevention and Control Act (b) the provisions of the:

(A) in part or in whole without a specification of discharge of pollutants emissions, avoiding pollution monitoring of automatic monitor and control facilities;

(B) violation of technical specifications by dilution, adsorption, absorption, filtration approach to monitoring samples;

(C) not in accordance with the requirements of the technical specifications, to changes in operation of the apparatus, reagents;

(D) violation of the technical specifications of the requirements on pollution source auto-monitoring system functions to delete, modify, increase, interference, resulting in pollution source auto-monitoring system does not function properly, or automatic monitoring system of pollution source in the storage, processing or transmission of data and application to delete, modify or add operations;

    (E) other cheat site supervision and inspection personnel, and cover up the real situation of sewage.

    21st sewage discharge exceeds the State or local prescribed standards for pollutants discharge, or exceeding key indicators of total quantity control of pollutants in accordance with the People's Republic of China Law on water pollution prevention and control the 74th article or the People's Republic of China Law on air pollution prevention and control provisions of the 48th. 22nd source automatic monitoring equipment producers and sellers involved in sewage pollution source auto-monitoring facility operation deception, be informed by the competent Department of environmental protection, released the name of the producer or seller and its products model serious and to recover their suitability testing report of environmental protection and environmental protection product certification.

    Already installed using the producer or seller of production and sales of the products of the enterprise, environmental protection departments should strengthen inspection.

    23rd run operating units units source automatic monitoring and control facilities to deception, in accordance with the pollution control facilities operation management of qualification of the relevant provisions.

   24th, staff of the Environmental Protection Department with one of the following acts shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

   (A) are not complied with or not in accordance with the provisions of the pollution supervision and check of automatic monitoring and control facilities;

   (B) on receipt of the report or the discovery of an offence not be investigated and dealt with according to law;

   (C) harboring and conniving, participation units or operating units to deception;

    (D) other acts of dereliction of duty, abuse of authority or engages in.

   25th units through data falsification of pollution source auto-monitoring facilities to obtain annual reductions of major pollutants, honorary titles dealing with the environment, or rating, approved by the original cuts or granted the honorary title of the competent Department of environmental protection revoked.

    Units through the pollution source auto-monitoring data falsification, to defraud State concessions of desulfurization and denitrification of tariff, shall promptly inform the competent Department of environmental protection approved by the preferential electric energy price sector, abolish the concessionary prices. 26th article violation technology specification of requirements, on sources automatically monitoring system function for delete, and modified, and increased, and interference, caused sources automatically monitoring system cannot normal run, or on sources automatically monitoring system in the storage, and processing or transmission of data and application for delete, and modified, and increased of operation, constitute violation security management behavior of, by environmental protection competent sector transferred police sector according to People's Republic of China security management punishment method 29th article provides processing; suspected constitute crime of,

    Transferred to the judicial organs in accordance with the People's Republic of China criminal law article No. 286 of the criminal sanction.

    The fifth chapter supplementary articles

    27th article this way by the Environmental Protection Department is responsible for the explanation.

    28th source automatic monitoring and control facilities for site supervision and examination specifications and guidelines published by the Ministry of environmental protection. 29th these measures come into force on April 1, 2012.