Administrative Measures Of Guangdong Province Permits 

Original Language Title: 广东省排污许可证管理办法 

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399555.shtml

Administrative measures of Guangdong Province permits (December 4, 2013, Guangdong Province, the people's Government of the 12th Executive meeting of the 16 January 27, 2014 the 199th of Guangdong provincial publication come into effect April 1, 2014) Chapter I General provisions 

    First in order to strengthen the supervision and management of pollution, regulating pollution permits, according to the People's Republic of China Law on air pollution prevention and control, the People's Republic of China water pollution control Act and the People's Republic of China on administrative licensing law, the Guangdong Province Environmental Protection Ordinance and other provisions of laws and regulations, combined with the facts of the province, these measures are formulated.

Article within the administrative region of this province the following emission units that discharge permit shall be obtained:

(A) the emission of pollutants;

(B) emissions, medical sewage and industrial waste water containing heavy metals, pathogens, toxic and other harmful substances, such as waste water and sewage;

(C) in town, industrial park, or zone operation of sewage treatment facilities;

(D) management of livestock and poultry farms in scale; 

(E) other acts of emission permits should be made according to law. 

    Dumping of solid waste, emission of non-intensive livestock farming, farms, motor vehicles, railway locomotives, ships, aircraft and other mobile sources emission residents discharge of pollutants, and of nuclear facilities and nuclear technology application, the electromagnetic radiation electromagnetic radiation and radioactive emissions in the project, this approach is not applicable. Article encouraging enterprises to adopt advanced technology and management methods, and reduced pollutant emissions. Units to reduce total emissions of major pollutants indicator, when approved by the competent Department of environmental protection can be retained, or transfer. 

    Specific implementation measures shall be formulated separately by the provincial people's Government. 

    Article IV environmental protection departments at all levels should consider the environmental function zoning requirements, pollution reduction targets, emission performance and other factors, emissions from scientific approved units. Fifth provincial environmental protection authorities to supervise and guide permits management. 

Above all over city, County (district) the Environmental Protection Department under the day-to-day supervision of administrative permissions, issued by emission permits within the responsible for the Administration and supervision of management.

    Of pollution discharge license management rights dispute by the disputing parties on a common level the Environmental Protection Department.

    Chapter II permit conditions and procedures 

    Article units should be first obtained a licence for discharge of pollutants in emissions.

Article seventh obtained a licence for discharge shall satisfy the following conditions:

(A) the construction project environmental impact assessment reports by the Department of environmental protection has the right to approve approval or reapproval pursuant to the provisions agreed; (B) in accordance with national and local standards of pollution control facilities and pollutant processing capacity.

Delegate operation of pollution control facilities, operating unit shall obtain the qualification of environmental pollution control facilities operation;

(C) in accordance with the provisions of the sewage discharge registration scheme;

(D) in accordance with the provisions of pollution accident emergency plan, are equipped with the necessary facilities and equipment;

(E) according to the prescribed standards and technical specifications set the outlet;

(F) the total quantity control of pollutants, and shall comply with the environmental function zoning and area requirements of total quantity control of pollutants;

(G) installation of pollution source auto-monitoring facilities in accordance with regulations, and automatic monitoring system for networking with the local environmental protection authorities; 

    (VIII) other circumstances as stipulated by laws, rules and regulations.

Article first obtained a licence for discharge units, shall submit the following information:

(A) basic information units, and business license or organization code certificate or other legal proof of identity;

(B) the construction project environmental impact assessment files reply comments;

(C) construction project completion and acceptance of environmental protection material; 

(D) the laws, rules and regulations of other supporting materials. 

    Construction project required before final acceptance trial production or trial operation, diyi、er、si items of the preceding paragraph shall be submitted evidence and the implementation of the construction project environmental impact assessment self-examination report files reply comments. 

    Nineth Department of environmental protection from the date of accepting an application for permit in the 20th, to review the evidence submitted by the applicant, meet the requirements, issued by emission permits, and announce it; do not meet the conditions, and notify the applicant in writing and state the reasons. 

Article permits is divided into an original and a copy has the same legal force.

Original of the permit shall contain the following particulars:

(A) sewage company name, address, legal representative or responsible person;

(B) industry categories;

(C) emission categories, concentration limits and limits the total emissions of major pollutants;

(D) the term of validity; 

(E) issuing authority, date of issue, and certificate number.

Sewage disposal licence except as provided in paragraph contained before they agree to things, and shall contain the following:

(A) the requirements for emissions, where;

(B) the number of outlets, the outlet name, number, position;

(C) the main production process and equipment;

(D) waste disposal technology and capabilities;

(E) the implementation of national or local standards of pollutants;

(F) the total quantity control of pollutants, reduce pollutant emissions set forth the quantity and time limits; 

    (VII) shall set forth the matters. 

    11th article sewage units of name, and address, and statutory representative people or head, and emissions pollutants of type, and concentration limited value, and emissions main pollutants of total limited value or tenth article third paragraph first items to fourth items provides of matters occurred changes of, sewage units should in occurred changes of day up 15th within to original sent card organ proposed sewage license change application, sent card organ should in received application of day up 15 a days within completed audit, meet conditions of, handle related change procedures. 

    12th emissions implementation of national or local standards, the main indicators of total quantity control of pollutants, environmental function zoning changes, the Environmental Protection Department to change discharge permit set out matters according to law, or require emission units to apply for permits. 13th permit validity shall not exceed 5 years. 

    Pilot-production or trial operation project permit, shall not exceed a maximum period of 1.

Article 14th sewage unit needs to extend of the validity of the permits, should be expired before 30th to the original certificate renewal application to the head of the Environmental Protection Department, and submit the following information:

(A) the corresponding qualification issued by the environmental agency last year in line with frequency requirements for environmental monitoring environmental monitoring report, daily issued by the supervision Department of automatic control facilities or pollution sources data and equipment operation;

(B) approved by the competent Department of environmental protection's annual sewage discharge registration materials; 

(C) the installation of pollution source monitoring facilities according to the request, it shall provide materials related to acceptance. The competent Department of environmental protection units submitting renewal application should be reviewed. 

    Eligible, should approve the extension; does not meet the criteria, and notify the applicant in writing and state the reasons.

15th under any of the following circumstances, after the expiry of the permit, and shall not be extended:

(A) fails to complete the task of eliminating backward production capacity;

(B) the adjustment for environmental function zoning, prohibited or restricted discharge of pollutants in the region; 

    (C) other circumstances as stipulated by laws, rules and regulations.

    16th discharge permit is lost, damaged, pollutant discharging units shall report immediately to the issuing authority, 15th to apply for a replacement permit to the issuing authority, issuing authority, verification should be reissued a license, and to the public.

    Chapter III supervision and management 

    Article 17th sewage should be suspended from the original license of the units main office or principal place of business.

Article 18th during the term of the license is valid, pollutant discharging unit shall perform the following obligations:

(A) in accordance with the provisions of the sewage discharge registration scheme;

(B) in accordance with the provisions of standard outlet settings;

(C) ensure the normal use of pollution control facilities, without the approval of the competent Department of environmental protection shall not be dismantled or left idle;

(D) pollutant emission total emission type, concentration, and location, method, to comply with the permit requirements, not private pipe or avoid regulation in other ways;

(E) basic information units, pollutant discharge type, total concentrations, as well as emission limit values to major change, to apply to the competent Department of environmental protection proposed changes in a timely manner;

(F) periodic verification of the pollution source auto-monitoring facilities, in accordance with the provisions of the monitoring and reporting to the Environmental Protection Department releases;

(G) pay a sewage charge in accordance with the regulations;

(H) according to the required discharge of major pollutants, receiving inspection, emission monitoring of environmental protection authorities;

(IX) establishment of pollutant emissions and pollution control records, records of pollution discharge license implementation; 

    (J) the laws, regulations and other obligations under the regulations. 

    19th Environmental Protection Department shall, through automatic monitoring system, on-site inspection, verification in writing and other ways to strengthen the units the supervision and inspection of the implementation of the licensing, supervision and inspection records and dealing with established emission permit management files.

20th under any of the following circumstances, discharge permit issued by the Environmental Protection Department shall be revoked permits:

(A) the permit has expired is not renewed;

(B) production, converting or other termination of emission of pollutants; 

    (C) the cancellation of permits according to law in other circumstances. 

    21st environmental protection departments every year the administrative year emission permits issued and supervision, to departments of the people's Governments at the corresponding level and higher level environmental protection report. 

22nd permits management of the province to establish a unified information platform. The provincial environmental protection authorities are responsible for the construction, management and maintenance of the platform. 
And at the municipal level the environmental protection departments in the 10th after the end of each quarter the quarter within the administrative area of the discharge permit issued, changes, cancellation, revocation, cancellation information, through permits management information platform reported to the provincial environmental protection authorities.

    23rd Environmental Protection Department shall, in accordance with national and provincial provisions relating to government information, released to public sewage related to licensing and regulatory information.

    Article 24th superior environmental protection departments should strengthen the subordinate departments of environmental protection permits management of the operational guidance and supervision and inspection, correct lower the environmental protection departments in the implementation of the sewage violation of license management.

    The fourth chapter legal liability 

    25th in violation of article II of this approach, failing to obtain emission permit emission of pollutants from environmental protection departments above the county level in accordance with article 43rd of the Guangdong Province environmental protection regulations specified in the second paragraph, shall be ordered to stop the discharge of pollutants, and fines of between 50,000 yuan and 100,000 yuan; causing serious environmental pollution or he refuses to stop the discharge of pollutants, and the people's Governments above the county level shall be ordered to suspend production.

26th article sewage units not according to sewage license of provides emissions pollutants has following case one of of, by County above government environmental protection competent sector in accordance with Guangdong Province Environmental Protection Ordinance 43rd article first paragraph provides, ordered deadline corrected, and can at 10,000 yuan above 50,000 yuan following fine; plot serious or late not corrected of, can by issued sewage license of administrative organ revoked sewage license; suspected pollution crime of, transferred judicial organ law held criminal:

(A) through the private pipe or any other way to avoid regulation, untreated pollutants into the environment, and emissions of pollutants exceed the emission permit emission standards or requirements;

(B) pollutant treatment facilities not under normal use, untreated, or incomplete treatment of pollutants released into the environment, and emissions of pollutants exceed the emission permit emission standards more than 5 times;

(C) within half a year more than twice exceeding emissions, average concentrations of pollutants and emissions exceed the emission permit emission standard 3 times over;

(D) countries following the implementation of total quantity control of pollutant emission total control over the annual indicator 20%; 

    (E) the provisions that are not in accordance with permit discharge of pollutants, resulting in greater social impact or other serious circumstances. 

    27th units are not in accordance with the article 11th provisions of permits to change procedures, by the Department of environmental protection a rectification; fails to mend, a fine of between 5,000 yuan and 20,000 yuan. 

    28th units alteration, lease, lend or transfer of emission permits, by the Department of environmental protection a rectification, and fined a maximum of between 50,000 yuan and 10,000 yuan.

29th article of the Environmental Protection Department staff, any of the following acts shall be given disciplinary action; a suspected crime, transferred to judicial organs for criminal liability:

(A) does not meet the conditions of the units issued by emission permits as provided herein;

(B) unauthorized discharge of units found to obtain emission permits is not investigated or upon receipt of the report has not dealt with according to law;

(C) shall obtain the discharge permit does not fulfil its functions of supervision, or find violations of these measures is not investigated;

    (D) other acts of favoritism, abuse their powers, neglect their duties.

    The fifth chapter by-laws 

    30th local-level city environmental protection departments in accordance with this approach to formulate specific work procedures. 

    31st permits originals, copies and geshiyousheng competent Department of environmental protection under the relevant application instruments, printing your own environmental protection authorities at all levels. 

    Article 32nd discharge permit shall not charge any fee. 

    33rd article this way has been made prior to the implementation of the emission permits within the validity period remain in force but due to changed circumstances require changed or re-apply for a discharge permit, in accordance with these rules. 

    34th provincial emission permits uniform in accordance with "XXXXXX-YYYY-ZZZZZZ" are numbered 16 digit formats, including: XXXXXX for issuing authority-owned administrative division code, YYYY for emission permits issued year ZZZZZZ as the discharge permit issued order number. 35th article of the livestock and poultry farms in scale in the way, refers to the annual volume of live pig sell 500 above, number more than 100 head of milch cow, beef cattle slaughtered more than 100 laying hens, and number more than 10,000, more than 50,000 broilers slaughtered livestock and poultry farm, as well as other types of livestock and poultry breeding farms of this size. 

Other conversion of livestock and poultry farms in accordance with the discharge standard of pollutants for livestock (DB44/613-2009). In this way, the medical treatment in outpatient, wards, operating theatres, a variety of laboratory, pathological anatomy, radiology room, laundry room, morgue and other discharge diagnosis and treatment, and waste water. 

    Medical institutions other sewage mixed with such sewage discharges are considered medical treatment. Article 36th these measures shall take effect on April 1, 2014.