Administrative Measures On Environmental Protection In Zhejiang Province

Original Language Title: 浙江省建设项目环境保护管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399359.shtml

Administrative measures on environmental protection in Zhejiang Province

    (October 25, 2011, Zhejiang Province people's Government order No. 288 published March 13, 2014, order No. 321, published by the people's Government of Zhejiang Province, Zhejiang Province, Zhejiang Province people's Government to amend 9 pieces such as the woodland management decision amended regulations come into effect on December 1, 2011) Chapter I General provisions

    First for the prevention and control of adverse environmental effects of the project, and to promote comprehensive, coordinated and sustainable development of economy and society, in accordance with the People's Republic of China environmental impact assessment law, the construction project environmental protection regulations and the provisions of other laws and regulations, these measures are formulated.

Article within the administrative region of this province-building projects that have an impact on the environment, these measures shall apply.

Construction projects that have an impact on the environment (hereinafter referred to as project) the specific scope of the construction project environmental impact assessment in accordance with national classification list and related regulations.

    Marine environmental protection of construction projects management, in accordance with the People's Republic of China Law on marine environmental protection regulations.

Third construction projects shall conform to the requirements of ecological functional area planning; emissions shall comply with the provisions of national, provincial emission standards and control the total discharge of major pollutants cause environmental impacts shall conform to the construction project environmental function Division and uncertain environment where quality requirements.

    Construction projects shall conform to the main functional areas planning, land use planning, urban and rural planning, industrial policies, such as national and provincial requirements.

    The fourth people's Governments above the county level shall strengthen leadership of the construction project environmental protection work, to include environmental protection programs improve the construction project environmental protection management system and work mechanism of coordination, evaluation, urge the departments concerned to fulfill the construction project environmental management responsibilities.

Fifth environmental protection Administrative Department of the people's Governments above the county level shall be responsible for the unified supervision and management of construction project within the administrative area of environmental protection.

    Development and reform, the people's Governments above the county level economy and information technology, Ministry of land and resources, housing and urban-rural development, Commerce, transportation, water resources, health, family planning, agricultural, forestry, marine and fishery and tourism administrative departments shall, in accordance with their respective functions doing the construction project environmental protection work.

The sixth construction projects that have an impact on the environment, it shall conduct an environmental impact assessment, through implementation of pollution control measures to prevent or minimize the adverse impact on the environment, improve, repair, construction activity damages the environment; to the interests of citizens, legal persons and other organizations pose an environmental damage, shall be compensated or compensation.

    Construction projects that have an impact on the environment, should strengthen the construction of surrounding green and environmental health, and protection of historical and cultural and natural heritage, the local traditional style, natural and cultural landscape.

    Seventh people's Governments above the county level responsible for Environmental Protection Department and other departments concerned should improve and implement open government information system, establish and improve the construction of project examination and approval, and regulatory information-sharing mechanisms, strengthening law enforcement cooperation, improve work efficiency.

    Environmental impact assessment of chapter II

Eighth construction units should according to the degree of environmental impact of construction projects, according to the state-mandated environmental impact evaluation of construction project management directory (hereinafter referred to as classification lists) and related regulations, preparation of environmental impact statements, environmental impact reports or completing the environmental impact registration form (hereinafter referred to as environmental impact assessment document), and approval authority for approval by the Administrative Department of environmental protection.

    Laws and regulations providing for the construction project environmental impact assessment document reported that approval must be obtained before the competent administrative Department of environmental protection transport transportation, railways, civil aviation, water resources, agriculture, forestry, marine and fishery administrative departments concerned, such as the pre or auditing from its provisions.

Nineth planning environmental impact assessment should be carried out according to law without environmental impact assessment, has the right to approve the Administrative Department of environmental protection shall be in accordance with the relevant provisions of the State, shall not be included in its environmental impact evaluation of construction project-specific documents and approval procedures.

    Environmental impact assessment has been contained in planning for specific construction projects, the environment impact assessment of planning environmental impact assessment should be concluded as an important basis for its content according to the plans of environmental impact assessment environmental impact assessment analysis to be simplified.

The tenth environmental impact report (table) commissioned by the owner with the appropriate qualification of environmental impact assessment and technical services Agency (hereinafter referred to as environmental impact assessment agencies).

Institution of environmental impact assessment environmental impact assessment work should be carried out in accordance with their qualifications, strict enforcement of environmental protection laws, regulations, rules, policies, standards and technical specifications for environmental impact assessment, and responsible for the environmental impact assessment conclusions.

    No unit or individual may for the construction units to specified environmental impact assessment agencies.

    11th environmental protection Administrative Department of the people's Governments above the county level shall establish a credit record system of the environmental impact assessment, environmental impact assessment services on a regular basis to evaluate the quality and integrity of, and to the public.

    12th shall prepare an environmental impact report project and shall prepare an environmental impact report and environmental sensitive areas for construction projects, the unit or its delegate agencies during the environmental impact assessment environmental impact assessment process should be within the scope of the construction project environmental impact assessment of regional information related to public construction projects, and public surveys, but should be kept confidential except in accordance with law.

13th according to the way the 12th provides information related to public construction projects, in accordance with the following provisions:

(A) determine the date of the environmental impact assessment agencies in the 7th, public construction projects, construction units and environmental impact assessment agencies of basic information, such as environmental impact assessment procedures and approval processes;

(B) since the approval of environmental impact reports (table) before the 10th, basic conditions of public construction projects and the potential environmental effects and environmental protection strategies and measures, environmental impact reports (table) conclusions of the environmental impact assessment, public access to environmental impact report (table) simple ways and deadlines, and so on. Public notice period prescribed in the preceding paragraph shall not be less than the 10th.

    Public views on the environmental protection of construction projects can be presented to the unit within the time limit set for the public's, comments can also be sent to the responsible for the approval of the Administrative Department of environmental protection.

14th public survey carried out in accordance with article 12th of this approach, you can adopt the questionnaires and held seminars, feasibility study meeting, hearing or any other means.

Questionnaire, groups within the construction project environmental impact assessment of regional participants shall not be less than 20, and individual participants shall not be less than 50 people groups respondents were less than 20, of individual respondents less than 50, should all be listed as respondents.

    By holding forums, feasibility study meeting, hearing or in other ways, should be released through the media or other means of meeting notices and invites community groups, research institutions, relevant environmental sensitive area management bodies, schools, village (neighborhood) committees and other entities or individuals.

15th construction or environmental impact assessment commissioned by the Agency shall be subject to inquiries related to public construction projects, listen, do a good job descriptions and explanations.

    Construction approval of an environmental impact report (table) should be attached with the publicity and public investigation, and of public opinion to adopt or not to adopt a description of the situation.

    16th in the residential areas of the city may produce smoke, noise, odor directly affect the living environment of the public, such as catering, entertainment, processing, such as construction projects, should fill in the registration form of the environmental impacts in accordance with regulations, the construction unit shall, before submitting environmental impact registration form, sought the direct environmental impact of the construction project the views of interested parties.

17th may cause significant adverse environmental effects, public construction projects reflect the strong, its environmental impact assessment report (tables) should include viable solutions to prevent pollution and ecological damage.

Possible environmental pollution accidents and construction projects, the construction unit shall develop pollution emergency plan, and as an environmental impact assessment report (table) attached.

    Needed to complete the total amount of major pollutants in accordance with national and provincial control and reduction of building projects tasks, its environmental impact assessment report (table) shall include the construction project after the completion of the main pollutant control scheme. Article 18th investment management system of examination and approval of construction projects, the construction unit shall in the construction projects in feasibility study stage to the environmental impact assessment documents for approval by the Administrative Department of environmental protection; of the implementation of the approved projects, the construction unit shall, before approval of construction projects to the environmental impact assessment documents for approval by the Administrative Department of environmental protection put recording system for construction projects, the construction unit shall at the time of construction projects within 1 year of record,

Construction projects will start construction before environmental impact assessment documents for approval by the Administrative Department of environmental protection.

    The railway, highway and other construction projects agreed by the Administrative Department of environmental protection has the right to approve and approval prior to the preliminary design and environmental impact statement or environmental impact report.

19th construction project environmental impact assessment document classification approval by the people's Governments above the county level responsible for environmental protection departments.

Provincial departments in charge of environmental protection administration following approval of the construction project environmental impact assessment documents:

(A) Provincial Government and approval, approval or for the record of the Department of investment projects;

(B) determined by the provincial environmental protection administration departments pollution and seriously affect the ecological construction project;

(C) the location or environmental impact of construction projects across the city divided into districts boundaries;

(D) in accordance with the laws, rules, regulations and provincial regulations should be determined by the provincial environmental protection administration authorities for other construction projects.

    City divided into districts, counties (cities and districts) Administrative Department of environmental protection approved the construction project environmental impact assessment document permissions by the provincial environmental protection Administrative Department under investment of construction project management rights, the impact of construction projects on the environment nature and extent as well as relevant State formulated specific measures, submitted to the provincial people's Government for approval.

The 20th environmental protection Administrative Department shall accept the environmental impact evaluation of construction project file and related materials from the date, according to the environmental protection laws and regulations, regulations on the environment impact assessment document review, approval decision within the prescribed approval deadline and inform the owner in writing.

Environmental impact evaluation of construction project document has not been reviewed or not approved by review, development and reform, economic and information technology sectors shall not be approved or the approval of the construction project.

    No environmental impact evaluation of construction project approval documents, the construction unit shall not be allowed to begin construction or put into production and use.

21st construction project environmental impact assessment reports (table) preparation of one of the following circumstances, Administrative Department of environmental protection unit again establishment or modification should be requested:

(A) the Agency does not have the qualification of environmental impact assessment;

(B) the preparation of false, of poor quality, does not meet the technical specifications required for environmental impact assessment;

(C) fails to implement publicity and public inquiry as provided herein;

(D) is not in accordance with the second paragraph of this article 15th attached public notice and public investigation, and of public opinion to adopt or not to adopt a description of the situation;

    (E) is not stipulated in the article 17th of this approach, developing relevant programmes, plans. 22nd Administrative Department of environmental protection approved the construction project environmental impact assessment document, should be addressed through Government websites, media or information bulletin boards are accessible to the public, such as knowing way, publicly accepted the query file information and environmental impact assessment, as well as the public's rights and other matters, for public comment, but should be kept confidential except in accordance with law.

Shall not be less than the period for public comment on 7th.

    Administrative Department of environmental protection can bring together relevant units on disputed issues, personal communication, coordination units and personal opinion with the construction project environmental impact assessment conclusions differ greatly, Administrative Department of environmental protection should be taken to convene seminars, feasibility study meeting, further demonstrated by way of a hearing.

23rd Administrative Department of environmental protection approved the construction project environmental impact assessment document, the need for technology demonstration or evaluation of the environmental impact assessment document, shall organize the demonstration or entrust the technical assessment of the environmental impact assessment agencies established by law.

    Experts, commissioned an environmental impact assessment institution shall, according to the environmental protection laws, regulations, rules, policies, standards and technical specifications for technical demonstration and evaluation of environmental impact assessment, and responsible for the demonstration and assessment.

24th environmental impact evaluation of construction project document approval, nature, size and location of the construction project, the use of production or pollution prevention, measures to prevent ecological damage to major changes, the construction unit shall be submitted for environmental impact evaluation of construction project file again.

    Environmental impact evaluation of construction project document 5 years after the date of approval to start the construction, prior to construction, environmental impact assessment file shall be submitted to the review by the Administrative Department of environmental protection.

25th district of the cities and counties (cities, districts) of any of the following circumstances, the superior administrative Department of environmental protection to certain areas within the scope of the relevant construction projects take measures to suspend approval of environmental impact assessment document:

(A) does not complete annual total emission of major pollutants control tasks;

(B) the key regulatory areas for environmental protection has failed to meet remediation objectives;

(C) the transfer of trans-river water quality failed to pass the examination;

(D) in accordance with relevant regulations of the province of urban environmental infrastructure such as sewage treatment facilities built;

(E) establish a moratorium on approving national and provincial environmental impact assessment reports in other circumstances.

    Provinces or districts of the Administrative Department of environmental protection in accordance with the provisions of the preceding paragraph, suspend approval of environmental impact assessment document, shall inform the relevant people's Government.

    Chapter III construction of environmental protection facilities

    Article 26th unit design of construction projects shall follow the relevant construction projects of the state code for environmental protection design and approval of the environmental impact assessment documentation requirements, environmental protection in the construction project design documents chapter.

27th according to the requirements of the environmental impact assessment approval documents, construction projects need to build supporting facilities of environmental protection against environmental pollution and ecological destruction (hereinafter referred to as environmental protection facilities), environmental protection should be the main part of the project design, construction and put into use.

Economic and technological development zone construction project pollution prevention within the parks shall, according to park needs, be equipped with environmental protection facilities.

    Introduction of new technology, new equipment, new construction projects should be according to the provisions of the first paragraph of this article have environmental protection facilities under construction; domestic technological capabilities should be introduced simultaneously supporting environmental protection facilities.

28th environmental protection facilities should be designed by qualified units of engineering design with environmental protection facilities.

Design of environmental protection facilities should include the following main elements:

(A) the design basis;

(B) environmental protection standards;

(C) the process and expected results;

(D) the Operations Manager Setup;

    (E) capital budget for running costs.

    Article 29th-building units and construction units shall not be arbitrarily changed environmental protection facilities design documents; alteration, shall entrust the organization with environmental protection facilities engineering qualifications in accordance with the requirements of the environmental impact assessment approval documents to change the design file.

30th construction units in the process in construction projects, should take measures to control dust, noise, vibrations, emissions, waste water and solid waste pollution, prevent or mitigate construction of water, vegetation and landscape of destruction of the natural environment, improve, restore the site to the surrounding environment.

    Construction project construction process, should urge the construction units to take environmental protection measures.

    Article 31st may result in significant environmental impacts of construction projects, the construction unit shall be entrusted with supervision of environmental protection facilities supervisor on the construction project environmental protection facilities construction and technical supervision on the implementation of environmental protection measures.

    32nd environmental impact assessment approval documents explicitly the need for pilot projects should be located before the pilot counties (cities, districts), environmental protection administration departments, or districts, supporting the construction of environmental protection facilities should be the main part of the project was put into operation. The 33rd after the completion of construction projects, the construction unit shall provide the approved environmental impact assessment environmental protection Administrative Department of the application acceptance of environmental protection facilities.

    Construction of pilot projects, the construction unit shall, before the expiry of the trial period to apply for acceptance of environmental protection facilities.

34th environmental protection installation of construction project has been completed and any of the following circumstances, the Administrative Department of environmental protection approved environmental impact assessment files may apply according to the owner of, and acceptance of environmental protection facilities:

(A) the scale of production does not meet the environmental impact evaluation of construction project approval documents to determine the size, but in line with industrial policies of national and provincial capacity requirements;

(B) the production load of construction projects cannot achieve national acceptance of environmental protection facilities in the near future load requirements of technical regulations, but meet other conditions acceptance of completed environmental protection facilities.

    Construction project provided for in the preceding paragraph, scale of production to achieve the completion of environmental impact assessment approval documents to determine size, production rate reached the national final acceptance of the requirements of environmental protection facilities, the construction unit shall reapply for acceptance of environmental protection facilities.

35th construction units to apply for acceptance of completed environmental protection facilities and approve environmental impact assessment reports should be submitted to the Administrative Department of environmental protection facilities of environmental protection completion acceptance check monitoring report (table) or survey (table) data, conducting pilot projects, shall submit a production report environment supervision of construction projects, and environmental monitoring report shall be submitted. Administrative Department of environmental protection shall be from the date of receipt of the application in the 30th, relevant departments, units inspection.

    Acceptance of environmental protection facilities, construction project can be put into production and use.

    Article 36th except in the case provided in article 24th of this approach, used in construction or construction projects completed and put into production, process, fail to comply with the approval of the environmental impact assessment documentation requirements, the construction unit shall organize the environmental impact assessment and take corrective action, and submitted to the approved environmental impact assessment document of the Administrative Department of environmental protection records.

    The fourth chapter legal liability

    37th acts in violation of these rules and relevant laws and regulations on administrative enforcement and administrative penalties, from its provisions.

Article 38th units without approval or report to review the construction project environmental impact assessment reports, unauthorized construction, by the approval authority according to law by the Administrative Department of environmental protection shall be ordered to stop construction, completing the formalities of limited duration; fails to go through the formalities, may be fined not more than 50,000 yuan and 200,000 yuan.

The construction project environmental impact assessment documents without approval or without consent of the original examination and approval departments review unit permission to start the construction, by the approval authority according to law by the Administrative Department of environmental protection shall be ordered to stop construction, and may be fined not more than 50,000 yuan and 200,000 yuan.

    No environmental impact evaluation of construction project approval documents, the construction unit under construction and completed and put into production or use without authorization, with the right of approval of the Administrative Department of environmental protection shall be ordered to stop production or use; in accordance with relevant laws and regulations should be fined and ordered to close, in accordance with the relevant provisions.

    39th article units hide about situation or provides false material approval environment effect evaluation file, and application environmental protection facilities completed acceptance of, has approval right of environmental protection administrative competent sector not accepted or not approved, and be warning; has made environment effect evaluation approved file, and environmental protection facilities completed acceptance file of, by has approval right of environmental protection administrative competent sector law revoked its approved file, and at 20,000 yuan above 100,000 yuan following of fine.

40th in environmental impact assessment in environmental impact assessment agencies irresponsible or fraud, environmental impact assessment document misrepresentations, recommended by the provincial environmental protection Administrative Department of environmental protection Administrative Department under the State Council to reduce their level of qualifications or revocation of his certificate and places charge more than 1 time fined not more than 3 times.

    Institution of environmental impact assessment environmental impact assessment work carried out was not in accordance with their qualifications, and by the Administrative Department of environmental protection shall be ordered to correct, and a fine of less than 20,000 yuan and 100,000 yuan.

41st in technology of the construction project environmental impact assessment and environmental protection acceptance monitoring or investigation unit, irresponsible or resorting to deception at work, environmental effect technology assessment conclusions, conclusions serious misrepresentation of the monitoring or investigation, by the authority in accordance with administrative privileges directly in charge of personnel and other persons directly responsible shall be disciplined.

    Taking environmental protection installation of construction project design, construction, supervision and in violation of relevant provisions of these measures, in accordance with the provisions of the relevant laws, rules and regulations for the "punishment or be punished.

42nd beyond the statutory authority by the Administrative Department of environmental protection, or violation of legal procedures and approvals of the construction project environmental impact assessment document, by the Executive Head of the environmental protection department or by a superior administrative Department of environmental protection in accordance with the People's Republic of China related to the administrative licensing law of the annul of an administrative license provisions.

    In accordance with the provisions of the preceding paragraph to withdraw approval of the construction project environmental impact assessment document, the construction unit shall again go through examination and approval procedures in accordance with law; do not meet the conditions for approval of construction projects shall not be approved.

    Article 43rd according to law by the Administrative Department of environmental protection's decision to stop construction, production, use or construction of the people's Government decided to close the project, environmental protection administration authorities shall supervise the construction unit improvements, restoration of damaged environment due to building activities.

44th Administrative Department of environmental protection has one of the following, directly by the authority in accordance with administrative privileges to responsible person in charge and other direct liable persons shall be punished:

(A) the breach of statutory condition, permission and approval of environmental impact assessment documents;

(B) for the construction units to specified environmental impact assessment agencies;

(C) does not meet the requirements of environmental protection facilities to be checked;

(D) long-term oversight of construction item environmental pollution and ecological damage, or related offence allowed, tolerated;

    (E) other favoritism, abuse of authority, dereliction of duty cases.

The 45th under people's Governments at all levels and the departments concerned in any of the following circumstances, directly by the authority in accordance with administrative privileges to responsible person in charge and other direct liable persons shall be given administrative sanctions:

(A) an approved construction projects;

(B) instigating or forcing environmental protection Administrative Department of illegal approval and acceptance of construction projects;

(C) unlawful interference, limiting environmental protection Administrative Department shall investigate and handle the construction project environmental offences;

    (Iv) other favoritism, abuse of authority, dereliction of duty cases.

    Article 46th acts in violation of these rules constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter supplementary articles 47th article of the rules take effect on December 1, 2011.