Chromium Compounds Production And Construction License Management Approach

Original Language Title: 铬化合物生产建设许可管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201102/20110200334104.shtml

Chromium compounds production and construction license management approach

    (Published September 14, 2010, Ministry of industry and information technology the 15th since as of January 1, 2011) Chapter I General provisions

    First in order to strengthen the management of chromium compounds production and construction permits, guarantee citizens ' life, health and safety, protection of the ecological environment, regulating chromium compounds production and construction activities, in accordance with the People's Republic of China administrative licensing law and the administrative examination and approval items really necessary to be retained by the State Council provisions of the decisions of the establishment of an administrative license, these measures are formulated.

    Article in the People's Republic of China territory, renovation or expansion of chromium compounds production unit (hereinafter referred to as production of chromium compounds), chromium compounds production shall obtain a construction license (hereinafter referred to as the license).

    Chromium compounds in these measures in article, refers to the chrome ore, carbon ferrochrome production of chromium-containing raw materials such as chromate, dichromate, chromic acid and other products, as well as using chromate and dichromate salts or chromic anhydride production of chromate and chromium oxide and other products.

    Fourth chromium compounds production and construction should follow the overall planning, rational geographical distribution principle.

    Chapter II application and review

    Article fifth chromium compounds production and construction activities, subject to the following conditions:

    (A) State chromium compounds production and construction planning.

    (B) have a fixed place.

    (C) in line with national industrial policies, standards, as well as the production of chromium compounds of chromium-containing pollutants (including chromium-containing slag, liquids and dust, the same below) treatment and comprehensive utilization of facilities.

    (D) have a sound safety and environmental protection and management system.

    (E) has a sound quality management system.

    (Vi) other conditions stipulated by laws and administrative regulations.

    Sixth article industry and information Department under the State Council entrusted of provinces, autonomous regions and municipalities directly under the Department of industry and information (hereinafter referred to as the provincial Department of industry and information) responsible for the administration of chromium compounds in trial production and construction licenses.

    Apply for the license shall be made to the provincial industrial production devices and information technology departments to submit the following materials:

    (A) the enterprise application.

    (B) copy of business license copy.

    (C) status of enterprise directors, safety-control managers job of safety certificate.

    (D) proof of safety, environmental protection.

    (E) the valid certification of the quality management system.

    (F) feasibility study of the project.

    (G) project land use certificates or land use planning advice.

    (H) environmental impact assessment document (includes chrome pollution treatment and comprehensive utilization of programme) and the approval of the Administrative Department of environmental protection.

    (I) safety evaluation of dangerous chemicals production unit in service report, hazardous chemical construction project safety license submissions and major hazards local production safety supervision and management departments registration file.

    (10) other materials stipulated by laws and administrative regulations.

    Enterprise new chromium compounds production and project application of the license, do not need to submit fourth, fifth of the provisions of the preceding paragraph files and Nineth active safety evaluation report the production of dangerous chemicals. Applicants to provide copies of application materials, application materials should be provided and original.

    After the Agency verifies the authenticity of copies of material original material will be returned to the applicant. Article seventh provincial industry and information Department application materials for applicants at first instance.

    Application materials are complete and comply with the statutory format, should be dismissed, and issue an acceptance notice; application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within five working days, inform the applicant needs to supplement the entire contents.

    Article eighth of industry and information technology departments at the provincial level to review the application materials, and five working days from the date of acceptance of the application in the application materials and the views of industry and information technology by the State authorities in the first instance.

    Nineth industry and information Department under the State Council shall be a provincial industry and information technology departments within 20 working days from the date of acceptance of the application to make decision on the administrative license; cannot make a decision on the administrative license within 20 working days, approved by the head of the industry and information Department under the State Council, extension of ten working days, and inform the applicant of the reasons for such further period.

    Article tenth of industry and information technology departments in the process of making decision on the administrative license, are required by law to hire an expert to review the application materials, these measures are not included in the Nineth time required within the period provided for in article.

    11th State Council of industry and information technology departments and the provincial Department of industry and information (hereinafter referred to as competent Department of industry and information technology) accepting the substance of the required license to the application materials verification or you need to check the applicants ' requirements, field identification of the circumstances of the applicant, such inspection shall be assigned more staff.

    Applicant shall cooperate with the inspection activities carried out by the competent Department of industry and information.

    12th of the license include: corporate name, legal representative, location of incorporation, address, license type, license code, license expiration date, and so on.

    Obtain the license list, by the Department of industry and information technology of the State Council shall be published.

    Chapter III supervision and management 13th article of industry and information technology departments should strengthen supervision and inspection of the licensee, check out or required by law to submit relevant materials.

    Licensee shall cooperate with and provide relevant information and materials. 14th licensee shall each year according to the licensing requirements of self-examination, and before March 31 of each year an annual self report on provincial industry and information technology departments, with a copy to the State Department of industry and information technology departments.

    Licensee self reported, as the replacement of the reference to the expiry of the permit.

    Licensee self-examination report shall include the following information:

    (A) production: chromium compounds chromium-containing pollutants production and construction activities, governance and, clean production and comprehensive utilization of clean production audit level;

    (B) enterprise development change: change of corporate ownership and registered capital, change of corporate name and qualification, registration and change of production site, product variety and ability to change, mainly responsible for the changes, and so on.

    (C) entrepreneurship development: enterprise quality management, safety, environmental protection, construction and operation of the system, and so on. 15th provincial industry and information Department self-examination report should be reviewed.

    Upon examination, the self-examination report does not meet the requirements, self-examination anew by the licensee; once the self-check still does not meet the requirements, check organized by the provincial Department of industry and information, and to order the rectification.

    16th section of industry and information technology departments supervise and check the licensee, supervision and inspection and processing of the results shall be recorded, by inspectors and after the signature of the licensee filing.

    Article 17th of industry and information technology departments to conduct supervision and inspection of the licensee, should adhere to the principles of openness, fairness and justice, without prejudice to normal production and construction activities of the licensee shall not charge any fee.

    18th the license is valid for three years.

    The expiry date of the license businesses need to continue production of chromium compounds, shall, on the expiry of 90 days, to the provincial industry and information Department in charge of renewal application, and submit the following materials:

    (A) the renewal application.

    (B) copy of business license copy.

    (C) copy of valid identification documents of the quality management system.

    (D) copies of proof of safety, environmental protection.

    (E) good evidence of chromium compounds production unit.

    (F) the progress made in the treatment and comprehensive utilization of chromium-containing pollutants.

    (G) acceptance of cleaner production audit-proof material. Applicants to provide copies of application materials, application materials should be provided and original.

    After the Agency verifies the authenticity of copies of material original material will be returned to the applicant.

    19th provincial industry and information Department shall review the renewal application materials, and materials received within 30th of application materials and review of industry and information technology by the State authorities.

    Reviewed in accordance with the conditions, industry and information Department under the State Council approve the extension and issue a new certificate does not meet the criteria, no change, and inform the applicant in writing, giving reasons.

    20th the licensee to conduct merger, separation, migration lead to licensing conditions should be in accordance with the regulations to re-apply for the license.

    The fourth chapter legal liability

    21st licensee to deception, bribery or other improper means to obtain a permit shall be formulated by the competent Department of industry and information technology revocation of its license, and depending on the seriousness of a fine of between 10,000 yuan and 30,000 yuan, the Enterprise shall not apply again for a license within three years.

    22nd licensee has one of the following situations shall be formulated by the competent Department of industry and information technology ordered to correct, given a warning and a fine of up to 30,000 Yuan:

    (A) alter, resell, rent, lend or in any other form of illegal transfer of the license.

    (B) supervision and inspection to conceal the situation, provides false information or refuse to provide authentic materials reflect its activities.

    (C) the failure of supervision and inspection, rectification is not qualified.

    Article 23rd did not obtain the license without authorization, renovation or expansion of production of chromium compounds shall be formulated by the industry and information technology, competent authority depending on the seriousness of a fine of between 10,000 yuan and 30,000 yuan, and to the public. 24th licensee has one of the following conditions, shall be formulated by the competent Department of industry and information technology ordered to correct them.

    Correction period, licensee shall not submit a new license application:
(A) produces the chromium residue of chromium residue is not pollution comprehensive treatment programme to eliminate or is not harmless treatment of chromium slag produced that year.

    (B) the licensed item did not pass environmental protection acceptance check; a significant pollution incident or can not be discharged, by State or local environmental authorities shall order rectification does not complete.

    (C) failing acceptance of cleaner production audit.

    (D) illegal construction projects has not been requested by the relevant State shut down correction or rectification, but not completed.

    (E) major safety hazards or safety condition does not meet the requirements of the standard.

    25th without the license of the company, relating to management for the issuance or renewal of the production license for industrial products and other related certificates.

    26th article of any entity or individual in contravention of the People's Republic of China administrative license law and these rules of behavior, is entitled to report to the departments responsible for the supervision and administration of the.

    The fifth chapter by-laws

    27th before the implementation of these measures have built chromium compounds production unit shall, within one year from the date of implementation of this approach, in accordance with the provisions of the measures applied for the license.

    28th includes originals and copies of the licenses, copy of the original and has the same legal effect. The license shall be formulated by the competent Department of industry and information technology of the book printed.

    Issuance, renewal of the license to the licensee shall not charge a fee. 29th these measures come into force on January 1, 2011.