Department Of Environmental Protection To Repeal, Modify Part Of Decisions Of The Department Of Environmental Protection Regulations And Regulatory Documents

Original Language Title: 环境保护部关于废止、修改部分环保部门规章和规范性文件的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347834.shtml

Department of environmental protection to repeal, modify part of decisions of the Department of environmental protection regulations and regulatory documents

    (December 22, 2010 the Ministry of environmental protection announced come into force on the date of promulgation, 16th) according to the regulation on the notification of regulatory issues related to cleanup work (run [2010]28), I decided on the emission registration management regulations 38 regulations and repealed or amended normative documents:

    First, decided to abolish the regulations and regulatory documents

    (A) decided to abolish regulations

    1. the emission registration management regulations (August 14, 1992, the national environmental protection agency, 10th)

    2. national key environmental protection applied technology management approach (June 21, 1999, the State environmental protection administration, 4th)

    (B) decided to abolish the regulatory documents

    1. on the establishment of joint conference system for economic responsibility audit of State environmental protection administration (November 17, 2003, the State environmental protection administration, loop [2003]110)

    2. on the issuance of the State environmental protection administration, internal audit procedures (trial implementation) (July 24, 2003, the State environmental protection administration, link letter [2003]359)

    3. the State Bureau of environmental protection science and technology development plan management rules (April 25, 1994, the national environmental protection agency)

    4. the State Bureau of environmental protection science and technology development plan regulations supplementary regulations (national environmental protection agency, Central Branch [1997]404)

    5. with regard to strengthening the management work of environmental standards (September 24, 1998, the State environmental protection administration, post-UNCED [1998]323)

    6. with regard to the strengthening of local management of environmental standards (May 13, 1999, the State environmental protection administration, post-UNCED [1999]114)

    7. the construction project environmental management program (June 1990, the national environmental protection agency)

    8. with regard to issues related to environmental protection of construction projects management reply (on August 25, 2000, the State environmental protection administration, post-UNCED [2000]169)

    9. with regard to further regulate the environmental impact assessment notification (July 23, 2002, the State environmental protection administration, the ring [2002]88)

    10. with regard to regional environmental impact assessment notification on the relevant issues of strengthening development zone (December 9, 2002, the State environmental protection administration, post-UNCED [2002]174)

    11. with regard to strengthening the construction project environmental impact assessment approval notice (December 2, 2004, the State environmental protection administration, the State development and Reform Commission, UNCED [2004]164)

    12. with regard to streamline has conducted a strategic environmental assessment of iron and steel enterprises of the construction project environmental impact assessment notification (March 31, 2006, the State environmental protection administration, the ring [2006]43)

    13. with regard to strengthening management of biomass power generation project environmental impact assessment notification (on June 1, 2006, the State environmental protection administration, the State development and Reform Commission, UNCED [2006]82)

    14. with regard to approved 2005 import scrap metal appliances, scrap wire and cable processing and utilization of waste motor and fixed notification on the relevant issues (October 10, 2004, the State environmental protection administration, link letter [2004]344)

    15. on the issue of the construction index of ecological County, municipality and province (trial implementation) (May 23, 2003, the State environmental protection administration, post-UNCED [2003]91)

    16. concerning the adjustment of the construction index of ecological County, municipality (November 9, 2005, the State environmental protection administration, loop [2005]121)

    17. with regard to strengthening environmental protection using microbial export environment may pose an environmental hazard and safety and health management (November 3, 2005, the State environmental protection administration, State administration of quality supervision, inspection and quarantine, UNCED [2005]123) 18. on levy city sewage processing fee about problem of reply (August 13, 1997, national environmental protection Council, ring sent [1997]592,) 19. on levy coal-fired power plant sewage fee about problem of reply (November 3, 1997, national environmental protection Council, ring sent [1997]675,) 20. on to power plant levy sewage fee about problem of reply (December 23, 1997, national environmental protection Council, ring sent [1997]814,) 21.

    Reply on charging problems of quarrying enterprises (July 21, 1998, the State environmental protection administration, link letter [1998]210)

    22. with regard to issues related to recovery of excessive sewage charges reply (July 23, 1998, the State environmental protection administration, link letter [1998]215)

    23. with regard to the governance task fails to complete within the enterprises subject to excessive discharge and implementing punishment reply (on November 27, 1998, the State environmental protection administration, the ring [1998]283)

    24. the reply on the question of double elevated noise charges (September 29, 2002, the State environmental protection administration, link letter [2002]259 number) 25. on the question of collecting excessive sewage charges on reply (October 8, 2002, the State environmental protection administration, link letter [2002]264)

    26. on the question of excessive sewage charges constitute a reply (November 15, 2002, the State environmental protection administration, link letter [2002]309)

    27. with regard to the sewage fee payment notice (draft) printing using the notification on the relevant issues (June 9, 2003, the State environmental protection administration, link letter [2003]263)

    28. with regard to inclusion in stripping soil in the gangue of levying sewage charges and reply (December 27, 2004, the State environmental protection administration, link letter [2004]490)

    29. concerning the collection of sewage charges for excessive discharge of reply (July 10, 2007, the State environmental protection administration, link letter [2007]239)

    30. with regard to coefficient of total emissions of major pollutants monitoring accounting issues related to reply (December 2, 2008, the Environmental Protection Department, link letter [2008]875)

    Second, decide to modify the regulations

    (A) the drinking water source protection areas of pollution prevention regulations (July 10, 1989, the State environmental protection administration, the Ministry of health, the Ministry of construction, Ministry of water resources, the Ministry of geology and mineral resources released)

    1. the eighth and Nineth, 19th in the "GB3838-88 of the environmental quality standard for surface water" is amended as: "the environmental quality standard for surface water".

    2. in the eighth, 14th, "of the GB5749-85 drinking water health standards" is amended as: "the drinking water health standards."

    3. the 19th article "of the GB5084-85 irrigation water quality standards" is amended as: "the standards for irrigation water quality."

    4. the 12th first-grade protection zones within the article "banned from cultivation, grazing livestock and poultry, strict control of cage culture activities", is revised as follows: "prohibited cultivation, grazing livestock and poultry and cage activity". 5. the 12th article of the secondary reserve "no new, expanded building projects discharging pollutants into the water body.

    Renovation projects must cut emissions "and amended as:" no new, renovation or expansion emission project ";" the original sewage sewage emissions must be cut to ensure water quality meets specified standards within protected areas "and amended as:" the original outfall dismantled or shut down according to law. " 6.12th in protected areas in the article "direct or indirect discharge of wastewater into waters must comply with national and local regulations of wastewater discharge standards.

    When emissions when the water quality meets the required standards do not protect the reserves to lessen pollution load "and amended as:" prohibits the construction and expansion of construction project of water pollution improvement construction project shall not increase emissions. " 7. will 21st article modified for: "drinking water water reserves of delineation, by about city, and County Government proposed delineation programme, reported province, and autonomous regions, and municipalities Government approved; across city, and County drinking water water reserves of delineation, by about city, and County Government consultations proposed delineation programme, reported province, and autonomous regions, and municipalities Government approved; consultations not of, by province, and autonomous regions, and municipalities government environmental protection competent sector with sibling water administrative, and land resources, and health, and construction, sector proposed delineation programme

    And seek the views of the relevant departments at the same level, and approval of the people's Governments of provinces, autonomous regions and municipalities.

    "Trans-provincial, autonomous region, municipality directly under the drinking water source protection areas, by the Governments of provinces, autonomous regions and municipalities directly under the relevant river basin management agencies designated through consultation, by the Environmental Protection Department under the State Council in conjunction with the water administration, land and resources, health, construction and other sectors the so-called plan, seek the advice of relevant departments under the State Council, the State Council for approval. "The State Council and provinces, autonomous regions and municipalities according to the actual need to protect drinking water sources, adjust the range of drinking water source protection areas, ensure the safety of drinking water.

    ”

    (B) measures for the supervision and administration of the automobile exhaust pollution (August 15, 1990, the State environmental protection administration, the Ministry of public security, the State import and export commodity inspection Bureau, the people's Liberation Army General Logistics Department, Ministry, China National automotive industry Corporation release)

    1. delete the article fifth "car production departments of Governments at all levels must include vehicle exhaust pollution control work in production and construction plans" in the "include vehicle exhaust pollution control work in construction and production plans."

    2. the 15th article in the "People's Republic of China regulations on the management of road traffic" and amended as: "the People's Republic of China on road traffic safety act."

    (C) the tailings pollution control environmental regulations (August 17, 1992, the 11th national environmental protection agency, released on July 12, 1999, the State environmental protection administration, 6th Amendment)

    1. delete the 17th article "closure of tailings facilities must be approved by the Department in charge reported to the local administrative Department of environmental protection acceptance, approval" in the "enterprise departments."

    2. delete article 17th fourth.

    3. Article 18th is amended as: "in violation of this provision, any of the following acts, administrative penalties according to law by the competent administrative Department of environmental protection:
"(A) the tailings enterprises do not report to the local administrative Department of environmental protection under registration, in accordance with the People's Republic of China Law on prevention and control of environmental pollution by solid wastes 68th stipulates a fine of 5,000 yuan and 50,000 yuan fine, period and replacement of sewage discharge registration procedures;"

    "(Ii) violation this provides tenth article provides, late not built or perfect tailings facilities, or violation this provides 12th article provides, in landscape places district, and nature reserve and other need special protection of regional within construction produced tailings of enterprise of, in accordance with People's Republic of China solid waste pollution environment control method 68th article provides ordered stop violations, deadline corrected, at 10,000 yuan above 100,000 yuan following of fine; caused serious pollution of, in accordance with People's Republic of China solid waste pollution environment control method 81st article of decision time limit; fails to complete the task of governance, determined by the people's Governments at the corresponding level of business or shut down.

    ” "(C) refusal to spot checks by the Administrative Department of environmental protection, in accordance with the People's Republic of China Law on prevention and control of environmental pollution by solid wastes article 70th, rectification; refused to correct or check fraud, fined not more than 2000 Yuan and 20,000 yuan.

    ”

    (D) the administrative measures for the offshore environmental function zone (December 10, 1999, the State environmental protection administration released 8th) The 11th article in the "this approach has set the drain before it is published, legal time limit" is amended as: "this approach has set the drain before it is published, local environmental protection Administrative Department of the people's Government at or above the county level shall, in accordance with the law on marine environmental protection section 77th ordered to shut down, and a fine of less than 20,000 yuan and 100,000 yuan.

    ”

    (E) environmental protection acceptance check of construction project management approach (December 27, 2001, the State environmental protection administration released 13th) Will 23rd article modified for: "violation this approach provides, construction project need supporting construction of environmental protection facilities not built, without construction project completed environmental protection acceptance or acceptance not qualified, subject engineering official input production or using of, by environmental protection administrative competent sector in accordance with People's Republic of China water pollution control method 71st article, and People's Republic of China air pollution control method 47th article, and People's Republic of China solid waste pollution environment control method 69th article or Provisions of article 28th of the construction project environmental protection regulations will be punished.

    ”

    (F) medical waste management administrative penalties (May 27, 2004, Ministry of health, the State environmental protection administration released 21st) 1. will seventh article second paragraph modified for: "medical health institutions in medical health institutions outside transport process in the discarded medical waste, in non-storage locations dumping, and stacked medical waste or will medical waste mix other waste and life garbage of, by County above place government environmental protection administrative competent sector in accordance with People's Republic of China solid waste pollution environment control method 75th article provides ordered stop violations, deadline corrected, at 10,000 yuan above 100,000 yuan following of fine.

    ” 2. will VIII article modified for: "medical waste concentrated disposal units has Ordinance 47th article provides of case, in transport process in the discarded medical waste, in non-storage locations dumping, and stacked medical waste or will medical waste mix other waste and life garbage of, by County above place government environmental protection administrative competent sector in accordance with People's Republic of China solid waste pollution environment control method 75th article provides ordered stop violations, deadline corrected, at 10,000 yuan above 100,000 yuan following of fine.

    ” 3. will tenth article in the of "medical health institutions, and medical waste concentrated disposal units has Ordinance 47th article provides of following case one of of, by County above government environmental protection administrative competent sector ordered stop violations, deadline corrected, and at 50,000 yuan following of fine", modified for: "medical health institutions, and medical waste concentrated disposal units has Ordinance 47th article provides of following case one of of, by County above government environmental protection administrative competent sector in accordance with

    People's Republic of China Law on prevention and control of environmental pollution by solid wastes article 75th ordered to stop the illegal practice, correct within a Department fines of less than 20,000 yuan and 200,000 yuan. " 4. will 12th article second paragraph modified for: "medical health institutions, and medical waste concentrated disposal units hinder environmental protection administrative competent sector law enforcement personnel implementation positions, refused to law enforcement personnel into site, or not tie law enforcement sector of check, and monitoring, and survey forensics of, by County above place government environmental protection administrative competent sector in accordance with People's Republic of China solid waste pollution environment control method 70th article provides ordered deadline corrected; refused to corrected or in check Shi fraud of, Less than 2000 Yuan and 20,000 yuan in fines.

    ” 5. will 14th article modified for: "has Ordinance 52nd article provides of case, not made business license engaged in medical waste of collection, and transport, and storage, and disposal, activities of, by County above government environmental protection administrative competent sector in accordance with People's Republic of China solid waste pollution environment control method 77th article provides ordered stop violations, confiscated illegal proceeds, can and at illegal proceeds three times times following of fine.

    ” 6. will 16th article second paragraph modified for: "carrier knows checked people violation Ordinance of provides transport medical waste, still be transport of, according to Qian paragraph of provides be punishment; carrier will medical waste and passenger in same tool Shang carrying of, by County above government environmental protection administrative competent sector in accordance with People's Republic of China solid waste pollution environment control method 75th article provides ordered stop violations, deadline corrected, at 10,000 yuan above 100,000 yuan following of fine".