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Administrative Measures On Environmental Pollution Control Facilities Operation Qualification

Original Language Title: 环境污染治理设施运营资质许可管理办法

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(November 8, 2004 the State environmental protection administration released 23rd come into force on December 10, 2004) Chapter I General provisions article in order to improve the level of environmental pollution control facilities operation management, regulating environmental pollution control facilities operation market order, according to the State Department of administrative examination and approval items really necessary to be retained provisions of the decisions of the establishment of an administrative license, these measures are formulated.
    Second approach applies to in the People's Republic of China in the field of environmental pollution control facilities operation of activities.
    Environmental pollution control facilities operation in these measures refers to specializing in the treatment and disposal of pollutants of socialization of paid services or for profit according to the contract signed by both parties take pollution treatment facility operation and management of the activities of others.
    Third countries imposed on environmental pollution control facilities operation operational qualification license system.
    Fourth engaged in environmental pollution control facilities operation of the unit, in accordance with the provisions of the measures applied for environmental pollution control facilities operation qualification certificate (hereinafter certificate), and in accordance with the provisions of the certificate of qualification in the environmental pollution control facilities operation.
    Without the qualification certificate shall not engage in environmental pollution control facilities operation.
    Fifth certificate in accordance with operating business scope and scale of treatment and disposal of pollutants into the class a business qualification certificate on the environmental pollution control facilities (hereinafter referred to as class a qualification certificate) and the certificate of the environmental pollution control facilities operation qualification b (hereinafter referred to as class b qualification certificate), a, b qualification certificate is divided into formal certificate or temporary certificate in two ways.
    Class b certificate of qualification certificate and is valid for 3 years, temporary certificate of qualification and temporary certificate of qualification is valid for 1 year.
    Environmental pollution control facilities operation qualification at all levels into domestic sewage and industrial waste water, dust, industrial emissions, industrial solid waste (excluding hazardous waste), garbage, automatic continuous monitoring of professional categories.
    Qualification certificate by the State environmental protection administration in accordance with the pollution control facilities operation qualification classification standards number, printed.
    Environmental pollution control facilities operation qualification classification standards established by the State environmental protection administration.
    Article sixth environmental pollution control facilities operation certificate includes the following main elements: (a) the corporate name, legal representative, residence, (ii) operation of the classes and levels, (iii) expiry date; (d) date of issuance, and certificate number.
    Seventh in charge of environmental protection administration departments at or above the county level shall, in accordance with the regulations, the certificate management within their respective administrative areas. Second chapter application eighth article application class a qualification certificate or serie b qualification certificate of units, should meet following conditions: (a) has independent enterprise corporate qualification or enterprise management institutions corporate qualification; (ii) has maintenance facilities normal running of full-time operation personnel; application class a qualification of units should has many Yu 10 name has professional technology titles of technicians, which senior titles many Yu 5 name; application serie b qualification of units should has many Yu 6 name has professional technology titles of technicians, Senior titles of which not less than 3 members.
    The operation of the facility management and operations staff should be made in pollution control facilities operation training certificate, (iii) has more than one year continuously engaged in the practice of environmental pollution control facilities operation and operating pollution treatment facilities discharging pollutants reach national and local environmental standards, (iv) and adapted to its operational activities in the environmental pollution control facilities operation qualification certificate of classification standards for other conditions.
    Nineth has to the conditions set out in article eighth, but not in environmental pollution control facilities operation practices or continuously engaged in the practice of environmental pollution control facilities operation of less than one year, you can apply for a temporary certificate of qualification.
    Tenth Article application qualification certificate of units, should according to this approach provides, to this units location provincial environmental protection administrative competent sector proposed application, filled qualification certificate application table, and submitted following material: (a) enterprise corporate license copy or institutions corporate certificate copies; (ii) Shang a annual financial status report or other funding letter proved; (three) technicians professional qualification certificate, and operation personnel pollution governance facilities operation post training certificate and hired contract copies;
    (Four) experiment or test places proved; (five) prevention and processing pollution accident of programme; (six) standardized operation quality guarantee system about management system; (seven) pollution governance facilities operation instance, including operation project introduction, and operation contract, and user views, and environmental protection monitoring institutions issued of facilities run monitoring report, but application temporary qualification certificate of except; (eight) pollution governance facilities operation qualification certificate grading classification standard requirements of other conditions of proved material. 11th article processing, and disposal this units produced of pollutants or run this units pollution governance facilities, not need received qualification certificate, but should has following maintenance facilities normal running of technology conditions: (a) full-time operation personnel (environmental protection process, and environmental protection mechanical, and management, and laboratory,) configuration reasonable, auxiliary jobs complete, facilities operation site management and operation personnel should made pollution governance facilities operation post training certificate; (ii) has fixed of laboratory,
    Equipped with laboratory equipment can meet the needs of daily monitoring monitoring and (iii) establishing a standardized quality assurance system, a sound management system and prevention programmes, dealing with pollution accidents.
    Chapter III examination and approval article 12th provincial environmental protection Department since the acceptance of the application within 20 working days from the date of the material reviewed proposed pre-trial comments, meet the requirements of, and reported that the State General Administration of environmental protection.
    The provincial environmental protection authorities in the pre-trial process, should organize expert or delegate to the environmental protection departments at and above the county level to apply for site verification unit and operate the facility. 13th State environmental protection agency from examining the comments received within 20 working days of the date of the review, and make a decision.
    Meet the requirements, approval and issuance of qualification certificates, and publish; do not meet the conditions, were rejected, and explain the reasons.
    State environmental protection administration, at the same time the approval decision to the provincial environmental protection department.
    The State environmental protection administration as required on the application during the review process and on-site verification of operating the facility.
    14th article has following case one of of, holding card units should according to this approach provides of conditions and program again application received qualification certificate: (a) need increased new of operation Professional category of; (ii) temporary qualification certificate need to official qualification certificate; (three) serie b qualification certificate need upgrade for class a qualification certificate; (four) class a qualification certificate or serie b qualification certificate validity expires, need continues to engaged in pollution governance facilities operation activities of.
    Apply the preceding paragraph (b) of listed items, the units have to provide more than 300 certified continuously engaged in environmental pollution control facilities operation of practice, emission standards and pollution treatment facilities in good evidence.
    Expiry date of the interim certificate may not reapply for provisional certificate of qualification.
    15th certified units have one of the following shall apply to the State environmental protection administration in the 30th alteration procedures: (a) units of divest, merge, (ii) company name, legal representative or address change.
    16th article holding card units handle change procedures, should submitted following material: (a) holding card units change application; (ii) technicians professional qualification certificate, and operation personnel pollution governance facilities operation post training certificate and hired contract copies; (three) units change Hou business sector issued of license copies; (four) national environmental protection General issued of qualification certificate original; (five) holding card units location provincial environmental protection sector of audit views.
    17th certified unit withdrawn or ceased to engage in pollution control facilities operation shall, within one month after the original Licensing Office for cancellation procedures.
    The fourth chapter regulatory qualification certificate certified units in accordance with provisions of article 18th categories and levels, to undertake operations in the country.
    Certified operations units shall comply with State regulations on environmental protection, emission of pollutants reached the national and local standards and requirements.
    19th environmental protection departments at and above the county level shall by written verification and on-site inspection, strengthen the supervision and inspection of certified units, and will oversee the inspection and processing of the results shall be recorded, after being signed by the inspectors from the archive.
    Right to public access to environmental protection departments at and above the county level shall supervise and inspect records.
    Environmental protection departments at and above the county level find certified units in operation in the original licensing conditions are not met, it shall order the rectification.
    20th certified units in the unit is located outside the provincial project, its operational activities should be supervised by the local environmental protection departments at and above the county level examination.
    Local environmental protection departments certified units shall not be required to repeat to apply for certificates or other operations of a similar license.
    21st certified units shall delegate operations contract signed with the client in the 30th, to project facilities completed County Environmental Protection Department commissioned a business project record sheets on pollution treatment facilities. 22nd holder unit shall, before the end of January each year, submitted to the provincial environmental protection Department of this year of the annual report on environmental pollution control facilities operation table.
    This unit is responsible for the operation of the project is not licensed in the province, the project should be of the annual report on environmental pollution control facilities operation of the copied project provincial environmental protection department. The provincial environmental protection department shall, in accordance with the annual report on environmental pollution control facilities operation and routine inspection appraisal comments on the certified unit, should be before the end of March in each year the Administration certified units in the previous year the environmental pollution control facilities operation and evaluation reported that the State General Administration of environmental protection, and make an announcement.

    23rd is forbidden to forge, alter, transfer certificate.
    Fifth chapter legal responsibility 24th article County above environmental protection sector of staff, has following behavior one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) to not meet this approach provides conditions of units issued pollution governance facilities operation qualification certificate of; (ii) found not law made pollution governance facilities operation qualification of units and personal unauthorized engaged in operation activities not investigation or received reported Hou not law processing of;
    (C) shall obtain the qualification certificate for pollution control facilities operation of units do not perform duties of supervision and administration or find violations of these measures is not investigated; (iv) in the management of pollution control facilities operation of other misconduct.
    25th article violates these rules, units without the qualification certificate to engage in the environmental pollution control facilities operation, environmental protection departments at and above the county level shall be ordered to desist from the illegal act and fined a maximum of 20,000 yuan and 30,000 yuan.
    26th article violates these rules, apply for a certificate of qualification in the application of fraud in the process, by the State environmental protection agency ordered corrective action and revocation has obtained certificates of qualifications.
    27th article violates these rules, and not in accordance with the provisions of the certificate of qualification in the environmental pollution control facilities operation, environmental protection departments at and above the county level shall be ordered to correct, may be fined a maximum of 10,000 yuan and 30,000 yuan in serious and qualification certificates revoked by the State environmental protection administration.
    28th article violates these rules, certified emission of excessive environmental pollution control facilities operation, environmental protection departments at and above the county level shall be punished in accordance with relevant laws and regulations; finds more than twice in a single year exceed emissions can be revoked by the State environmental protection administration certificate shall be published.
    29th in violation of this regulation, the holder submitted the annual report of environmental pollution control facilities operation of deception, by the provincial environmental protection departments ordered corrective action and can be fined a maximum of 20,000 yuan and in serious cases, qualification certificates revoked by the State environmental protection administration.
    30th article violates these rules, forge, alter, transfer certificate, environmental protection departments at and above the county level shall be ordered to correct, may be fined a maximum of 10,000 yuan and 30,000 yuan, qualification certificates can be revoked by the State environmental protection administration.
    31st in accordance with this regulation, be sentenced to punishment revoked the certificate of qualification of units, not re-apply for a certificate of qualification in three years.
    Sixth chapter supplementary articles article 32nd in the People's Republic of China engaged in environmental pollution control facilities operation of enterprises with foreign investment, must comply with the provisions of national law relating to foreign investment and industrial policy requirements, and apply in accordance with the regulations for operation qualification certificate after acquiring the operating certificate, before engaging in pollution control facilities operation.
    Article 33rd following the format and content of the file shall be prescribed by the State environmental protection administration of: (a) environmental pollution control facilities operation certificate application form, (ii) environmental pollution control facilities operation qualification certificate, (iii) the annual report on environmental pollution control facilities operation; (d) environmental pollution treatment facilities commissioned project application form. 34th article of the measures come into force on December 10, 2004.
                                                                                                                            The State environmental protection administration issued on March 26, 1999 the administrative measures for the operation of environmental protection facilities accreditation (trial) be repealed simultaneously.