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Administrative Measures For The Transportation Construction Item Environmental Protection

Original Language Title: 交通建设项目环境保护管理办法

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(Released May 13, 2003 Department of transportation 2003 5th) Chapter I General provisions article to enhance the environmental protection of construction projects management, prevention of traffic construction projects have a negative impact on the environment, promoting sustainable development of transport, under the People's Republic of China environmental impact assessment law, the construction project environmental protection regulations, combined with the traffic construction, these measures are formulated.
    Referred to in article "transportation construction project", refers to the People's Republic of China territory which have an impact on the environment of the construction of highway, waterway construction project. Article III Ministry of communications in accordance with relevant laws, administrative regulations and these rules of transportation construction item environmental protection management.
    Set of traffic, traffic, of the environmental protection agency has specific responsibility for the nation's transportation construction item environmental management. Local transportation departments of people's Governments at or above the county level shall, in accordance with relevant laws, administrative regulations and the approach applied to the transportation construction item environmental protection management in the administrative area.
    The provinces, autonomous regions and municipalities directly under the transportation departments of people's Governments to set transport traffic in the institutions responsible for the administration of environmental protection environmental protection of construction projects management.
    Fourth transportation departments of people's Governments above the county level transportation construction item environmental protection should be included in the programme of work in this sector, in favour of transportation construction item environmental economic and technical policies and measures, transportation construction item environmental protection coordinated with transportation construction.
    Article fifth traffic the construction project environmental impact assessment shall avoid duplication with environmental impact assessment for transport planning, have undertaken an environmental impact assessment of traffic construction plan contains concrete transportation construction projects, environmental impact assessment of its content can be simplified.
    Article sixth of transportation construction item environmental protection unit and individual achievements, the people's Government above the county level transportation departments or its environmental protection agency to recognize and reward.
    Environmental impact assessment procedure chapter seventh transportation departments of people's Governments above the county level shall, in accordance with the environmental impact assessment system and the construction project environmental protection classification list, classification management of transportation construction projects of environmental protection.
    In accordance with State requirements for environmental impact assessment of traffic construction projects, transportation departments of people's Governments at above county level shall not approve feasibility studies and preliminary design. Eighth units shall in traffic construction project feasibility study submitted for the construction project environmental impact report, environmental impact reports or environmental impact registration form.
    Transportation environmental protection agency audits and agreed by the Administrative Department of environmental protection has the right to approve, prior to preliminary design approval for the construction project environmental impact statement or environmental impact report.
    In accordance with the relevant provisions of the State, does not need to conduct a feasibility study on transportation construction projects, construction should traffic before construction approval of construction projects in construction project environmental impact report, environmental impact reports or environmental impact registration form.
    Nineth transportation construction project environmental impact report, environmental impact reports or environmental impact the content and format of registration form shall conform to national requirements of the relevant regulations and technical specifications.
    Transportation construction projects involving soil and water conservation, environmental impact statement or environmental impact report must have a soil and water conservation program.
    According to article tenth of the People's Republic of China environmental impact assessment law 22nd article and article tenth of the construction project environmental protection regulations stipulates that required approval by the Administrative Department of environmental protection of transportation construction projects, environmental impact statements, environmental impact reports or environmental impact registration form prior to transportation departments of the same level the pre.
    11th transportation departments shall, from the date of receipt of the construction project environmental impact report 30th in the 15th, environmental impact, environmental impact reports table form in the 10th, agree or disagree with the pre-trial comments were submitted, approval according to relevant regulation of Administrative Department of environmental protection for approval.
    12th traffic the construction project environmental impact report, environmental impact reports or environmental effects after approval, the registration form, nature and scale of the project, the construction site, the construction process of a major change or started after more than five years, shall renew the approval procedures.
    13th article units to County above Government traffic competent sector application traffic construction project environment effect evaluation pre, should by provides submitted has clear of construction project environment effect evaluation conclusion of construction project environment effect report book, and environment effect report table or environment effect registration form; by provides should submitted environment effect report book of, also should attached with units, and experts and public of views and the on about views adopted or not adopted of description.
    14th transportation environmental impact evaluation of construction project work by construction unit choices are familiar with transportation project construction technology, pollution and ecological damage and its prevention countermeasure analysis of traffic construction projects, legally qualify as a corresponding certificate to the Transportation Department filing procedures and institutions.
    Construction of the transportation departments of people's Governments at above county level shall not specify any traffic the construction project environmental impact assessment agencies.
    15th transportation construction project environmental impact assessment agency shall, in accordance with relevant regulations of the State and qualifications to determine the level, scope, engaged in construction project environmental impact assessment services, and responsible for the evaluation findings.
    16th chapter of environmental protection facilities of transportation construction projects need to have environmental protection projects under construction, must be simultaneously with the principal part of the project designed, built and put into use.
    17th transport construction project's preliminary design shall be in accordance with the code for environmental protection design of transportation industry and other related technical specifications of requirements, environmental protection chapters, and on the basis of approved the construction project environmental impact statement or environmental impact report, in the chapter of environmental protection in the implementation of environmental pollution and ecological measures and investment in environmental engineering estimate of the damage.
    18th transportation departments of people's Governments above provincial level according to the regulations of transportation construction project's preliminary design review, transportation environmental protection agency shall participate in.
    Transportation construction item environmental protection chapters of preliminary design does not meet the requirements, shall be passed preliminary design review.
    Article 19th traffic upon completion of the construction of the main works of the project, the need for trial operation, its principal part of the project and construction of environmental protection facilities must be put into trial operation.
    20th transportation construction projects are completed, the construction unit shall be to the approval of the construction project environmental impact report, environmental impact reports environmental impact registration form or administrative authorities to apply for acceptance of environmental protection facilities, and transportation departments of people's Governments above the county level.
    Transportation departments of people's Governments above provincial level according to the regulations of transportation construction project completion and acceptance, transportation environmental protection agency shall participate in.
    21st transportation construction projects after acceptance, the need for supporting the construction of environmental protection facilities, the construction project be formally put into production or use. 22nd transportation project assessment document should have the environmental protection chapter.
    Major transportation construction projects should be carried out after the special environmental assessment, assessment of costs in the funding of the construction project expenditures.
    23rd in violation of fourth chapter penalties prescribed in this way, transportation environmental protection agency recommends that the Administrative Department of environmental protection shall be given administrative punishment.
    24th transportation departments of people's Governments at and above the county level transportation staff of the environmental protection agency in violation of these regulations and other relevant regulations of the State, abuse of power, negligence, malpractice, shall be given administrative sanctions.
    Fifth chapter supplementary articles article 25th explain these measures by the Ministry. 26th article of the rules take effect on June 1, 2003.
                                  Released on June 16, 1990, the transportation construction projects, traffic, environmental protection regulations repealed simultaneously.