Nanjing Environmental Auto Monitoring And Management

Original Language Title: 南京市环境自动监测监控管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399445.shtml

Nanjing environmental auto monitoring and management

    (March 17, 2014 Nanjing 27th Executive meeting on March 20, 2014, No. 302, promulgated by the people's Government of Nanjing city as of May 1, 2014) Chapter I General provisions

    The first in order to improve the accuracy and timeliness of environmental monitoring, scientific, protect and improve the ecological environment, according to the People's Republic of China environmental protection law and other laws and regulations, combined with the city's actual, these measures are formulated.

    Second environment automatic monitoring and controlling activities in the administrative area of the city and its supervision and management, application of this approach.

    Third municipal and district people's Government, the Administrative Committee to strengthen leadership of the environmental automatic monitoring, coordinating and solving environmental automatic monitoring on major issues in the work.

Article fourth environmental protection authorities are responsible for environmental monitoring organization and coordination and supervision and management of built environment automatic monitoring platform responsible for automatic monitoring of environmental quality and pollution sources, comprehensive evaluation and periodic publication of environmental quality.

    Development and reform, housing and urban-rural development, economic and information technology, land and resources, measurement, communications, agriculture, water and other administrative authorities in accordance with their respective responsibilities, related to work environment automatic monitoring. Fifth article of any unit and individual have the right to stop and report environmental automatic monitoring facilities and facility use, operation, maintenance of data acquisition, transmission and acts of fraud in the process.

    Truth of the report, by the Department of environmental protection in accordance with the provisions of grant awards.

    Construction of chapter

    Sixth of municipal environmental protection Administrative Department shall, jointly with relevant departments in the city environment automatic monitoring plan, submitted to the municipal people's Government promulgated after approval. Seventh of municipal environmental protection Administrative Department shall, according to the city's environmental automatic monitoring and planning, preparation of the city's environmental quality auto-monitoring station construction programme.

The district people's Government, the Administrative Committee in accordance with the city's environmental quality auto-monitoring station construction programme this area implementation plan is formulated, upon approval of the Administrative Department of environmental protection, in accordance with the technical norms of the State organization.

    Environmental quality automatic monitoring stations should be provided with related departments, sites and other conditions to protect.

Eighth municipal environmental protection Administrative Department in accordance with environmental management requirements, annual pollution source auto-monitoring and control facilities construction projects.

Units should be based on annual construction plans, pollution source auto-monitoring equipment is installed and operational, in accordance with the regulations to the environmental protection departments in a timely manner.

    New, rebuilding or expansion projects should be based on the environmental impact assessment documentation and standardized regulation of discharge requirements, construction, installation of automatic monitoring of pollution surveillance equipment and supporting facilities, simultaneously with the principal part of the project designed, built and put into use.

    Nineth environmental protection departments shall establish municipal, district (Park) two-tier environment automatic monitoring platform, and automated monitoring and information-sharing with relevant departments.

    Article tenth of various kinds of automatic monitoring sites should be used to meet the requirements of automatic monitoring and control equipment, and municipal and district (Park) environment automatic monitoring platform for networking. 11th Environmental Protection Department shall, in conjunction with the relevant departments to determine the focus and publishing the list of fugitive dust pollution sources.

    Unit shall, in accordance with the provisions of the listing time frame construction, installation of automatic monitoring equipment and supporting facilities.

    12th District people's Government shall in the centralized monitoring system for drinking water source protection area established; water intake of water conservancy administrative departments shall install video device to monitor the situation around.

    13th important ecological function protected areas, management units should be based on regulation and monitoring systems required to build reserves, monitoring and assessment of the ecological environment in protected areas.

Article 14th construction of automatic monitoring system of environmental quality requirements, according to city and district governments, Park Administrative Committee duties and manpower arrangement. Pollution monitoring equipment requirements by the units responsible for the construction, the Environmental Protection Department can provide appropriate subsidies.

    List of subsidies and grants, and other information should be publicized, subject to public supervision.

    Chapter III administration of environmental monitoring

15th of municipal and district (Park) the Environmental Protection Department under the Division of responsibilities, graded management of environmental quality automatic monitoring sites, grading supervision management of pollution source auto-monitoring and control.

    Units are pollution source auto-monitoring equipment for operation and maintenance of the main responsibility should source automatic monitoring devices within a month of networking to achieve normal operation and stable data transmission requirements, and apply to the legal metrological verification of pollution source auto-monitoring equipment verification.

16th units can be on its own or third party pollution source auto-monitoring equipment operation and maintenance.

    Operation and maintenance units should be based on units of principal pollution source auto-monitoring equipment operation and maintenance, ensure a stable data transmission, data transmission efficiency in accordance with State regulations, and related account records. 17th source automatic monitoring equipment in need of repair, deactivate, removal or replacement, operation and maintenance of the unit shall report to the units, units should be submitted to the Department of environmental protection.

Fails, operation and maintenance unit shall promptly furnish the environmental protection authorities and written reports and maintenance units, and resume normal operation within a specified time.

Pollution source auto-monitoring equipment during maintenance outages, units should be in accordance with the relevant technical specifications, manual monitoring and submit monitoring reports to the environmental protection authorities.

    A serious fault of pollution source auto-monitoring equipment, repair and verification before they can be put into use again. 18th environmental protection departments should be in accordance with the principle of territorial management, organization and coordination environmental pollution emergency monitoring in the region.

    Involving more than two zones (parks) sudden environmental accidents or larger or more environmental pollution and ecological destruction events, coordinated by the municipal administrative departments in charge of environmental protection.

    19th no unit or individual is allowed to damage, theft of all kinds of environmental automatic monitoring facilities, and may not convert land for various types of environmental automatic monitoring facilities.

    Fourth chapter of supervision and inspection

20th environmental protection departments should strengthen supervision and administration of unit operation and maintenance, building operation and maintenance unit evaluation system of the Tang dynasty, the evaluation results to the public. Environmental protection departments may choose a third party to operation and maintenance unit supervisor.

    Supervision should be determined by tender.

    21st environmental protection departments shall, in accordance with relevant specifications called for the development of work plans, automatic monitoring and controlling equipment operation to carry out regular inspection, specific monitoring and data validation audited and published data validation audit results.

    22nd source automatic monitoring and control equipment under normal operating conditions, the monitoring data can be used as environmental protection departments in accordance with law, pollution discharge Declaration audits, emission approval, permit issuance, total control, environmental statistics, collecting fees authorized basis for environmental management, law enforcement, administrative punishment.

    23rd source automatic monitoring and control equipment are not unusual, but for 24 hour emission concentrations within three hours exceeded, wastewater emissions exceeding three times or saying mean standard (sewage treatment plant exceeded the daily average value), the Environmental Protection Department should be convicted for exceeding emissions, case investigation.

    24th environmental protection, water conservancy administrative departments shall publish information for environmental monitoring, environmental monitoring in other unit or individual is allowed to publish data and information.

    The fifth chapter legal liability

    25th article violates these rules, laws, rules and regulations on penalties from its provisions.

26th article violates these rules, units of any of the following acts, by the Department of environmental protection a rectification, and a fine of 30,000 yuan; it fails to, caused severe environmental pollution, drew attention to the people's Governments at the corresponding level according to law shall be ordered to suspend production for rectification:

(A) does not require the installation of pollution source auto-monitoring equipment;

(B) the sources of automatic monitoring devices are not networked with the environment automatic monitoring platform;

(C) the pollution source auto-monitoring equipment is not a normal use within a month of networking;

    (D) unauthorized repairs, deactivate, dismantling or replacement of pollution source auto-monitoring equipment.

27th article violates these rules, operation and maintenance unit, one of the following acts, by the Department of environmental protection a rectification, and a fine of 30,000 Yuan:

(A) source automatic monitoring and controlling data transmission the effective rate is lower than stipulated by the State;

(B) the sources of automatic monitoring and control equipment failure, outage, not reported, or failing to overhaul and return to normal operation within the specified time limits;

    (C) the pollution source auto-monitoring equipment to monitor failed.

28th units, operation and maintenance of automatic monitoring data on pollution sources to deception by the environmental protection authorities of 30,000 yuan fines are serious, causing severe environmental pollution, drew attention to the people's Governments at the corresponding level according to law shall be ordered to suspend production for rectification by the public security organ environmental police investigation constitutes a crime, criminal responsibility shall be investigated according to law.

    Environmental Protection Department shall, in conjunction with the public security organs to establish environmental pollution cases of administrative law enforcement and criminal justice connection mechanism, perfect case, informed the trail system.

    29th article violates these rules, and Mars environment automatic monitoring facilities, the environmental protection department tasked environment automatic monitoring facility owner be restored in a timely manner; violations of the People's Republic of China Law on administrative penalties for public security, shall be punished by public security organs constitutes a crime, criminal responsibility shall be investigated according to law.

    30th bar staff in violation of the regulations of the competent Department of environmental protection, abuse of power, deception, negligence, shall be given administrative sanctions constitutes a dereliction of duty crimes and economic crimes, criminal responsibility shall be investigated according to law.
The sixth chapter supplementary articles

    31st environment automatic monitoring devices in these measures refers to installed for monitoring the atmosphere, water, soil, noise, biological and other environmental instruments, flow (rate) meter, facility operation recorder and data acquisition and transfer apparatus, instruments, and audio and video equipment, environmental quality, biodiversity and pollution the implementation of automatic monitoring and remote monitoring.

    Article 32nd Department of environmental protection in accordance with the measures to develop pollution source auto-monitoring equipment and other technical specifications and environmental automatic monitoring financial subsidies. 33rd article this way come into force May 1, 2014.