Gansu Province Permit Management

Original Language Title: 甘肃省排污许可证管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387219.shtml

Gansu province permit management

    (February 17, 2013 2nd meeting consideration of the people's Government of Gansu province on February 21, 2013, 97th of Gansu Province announced as of May 1, 2013) Chapter I General provisions

    First in order to strengthen the supervision and management of pollution, control and reduce the amount of sewage, regulate the pollution permits, in accordance with the People's Republic of China Law on air pollution prevention and control, the People's Republic of China water pollution control law and the Gansu environmental protection law and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article within the administrative area of the province permit issuance, management, and application of this approach.

    Enterprises and the self-employed in the third under any of the following acts (hereinafter referred to as sewage), permits should be made:

    (A) the emission of pollutants;

    (Ii) discharges of industrial waste, medical waste water and restaurant wastewater;

    (C) the operation of sewage and industrial waste water centralized treatment facilities in urban and rural areas;

    (D) engaged in intensive livestock and poultry farms and breeding areas;

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

    Fourth environmental protection Administrative Department of the people's Governments above the county level shall be responsible for the supervision and management of pollution permits within the administrative area.

    Relevant departments of the people's Governments above the county level in accordance with their respective responsibilities, to do the work on pollution permits.

    Fifth people's Governments above the county level shall discharge licensing management requirements should be included in the budget, to protect it.

    Article permits management to follow concentration and total amount control of principles, strictly control the total amount of pollutants. Seventh to encourage polluters to take viable economic, technical or management tools, implementation of cleaner production, continued to reduce its emissions intensity, concentration, and total amount.

    Reduced pollutant emission indicators identified by the Administrative Department of environmental protection, it can be stored, for use by its own development, can also be based on total environmental quality and pollutant control targets and ensure the completion of task requirements the implementation of total quantity control transfer.

    Chapter II application and acceptance

    Eighth to obtain emission permits, subject to the following conditions:

    (A) the environmental impact evaluation of construction project document agreed by the competent administrative Department of environmental protection;

    (B) pollution prevention facilities by the competent administrative Department of environmental protection acceptance;

    (C) capacity, processes, equipment and products comply with national and local existing industrial policy requirements;

    (D) to maintain normal operation of pollution control facilities management systems and technical capacity facilities commissioned works, operating unit shall obtain the qualification certificate of environmental pollution control facilities operation;

    (E) in accordance with the regulations shall be installed automatic monitoring equipment for emissions of polluters, has been installed in accordance with national standards and specifications automatic monitoring devices and networked with the Administrative Department of environmental protection monitoring equipment;

    (F) emissions in line with environmental function zone and area requirements of total quantity control of pollutants;

    (VII) emergency plan to respond to environmental emergencies, equipment and facilities;

    (H) the legal qualification of production and operation and management qualifications and qualifications;

    (I) set the standardization of discharge outlet;

    (10) other conditions stipulated by laws and regulations.

    Obtained a licence for discharge should fill in the application form and provide the qualified statutory environmental monitoring agency monitoring report and the related documents prescribed in the preceding paragraph. Before Nineth new project should produce applications for temporary permits in the 30th.

    When environmental protection acceptance check of construction project, to apply for permits. Tenth Administrative Department of environmental protection to polluters tradable permits application made, materials complete, in compliance with the statutory form of the terms of reference that are and should be accepted, issue a written acceptance certificates, and on-site verification of the sewage situation; materials not aligned or not in compliance with the statutory form, shall at once inform all applicants to supplement in writing content.

    Not part of the terms of reference, shall immediately make the inadmissibility decision.

    Chapter III examination and certification

    11th tradable index by the competent administrative Department of environmental protection in accordance with the main pollutant control indicators and pollutant control indicators to be approved.

    12th provincial environmental protection Administrative Department is responsible for the issuance of the following permits:

    (A) coal-fired power plants, including enterprise-owned power plant, coal power plants and combined heat and power plants;

    (B) state key enterprise monitoring emissions, waste water and waste water treatment plants;

    City (State), counties (cities and districts) in environmental protection Administrative Department in accordance with the Division of responsibilities, issue permits except as provided in the preceding paragraph other than within their respective administrative areas. 13th environmental protection Administrative Department accepting discharge permit shall be applied for within 20th of lawfully issued or not issued discharge permit decisions. Polluters to meet the certification requirements for public notification and public notice period of seven days, no reporting or reporting of false publicity period, issuance of permits.

    Not to issue a decision, it shall inform in writing and state the reasons. Article 14th emission permits is divided into an original and a copy, copy of the original and has the same legal effect.

    Original shall set out the following:

    (A) certified company name, address, legal representative, as well as business license registration number, organization code certificate;

    (B) the types of emissions of major pollutants, indicators;

    (C) the term of validity;

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

    Copy is subject to provisions set forth the original things, should also contain the following particulars:

    (A) the discharge quantity, number, name, location of the emissions, pollutant type, quantity, concentration, speed, mode and destination, as well as other specific requirements for emissions;

    (B) the implementation of pollutant emission standards;

    (C) total control, and shall set forth the total quantity control of pollutants, reduction of the number and the time limit;

    (D) produces pollutants mainly technology and equipment;

    (E) treatment of pollutants;

    (F) the emission trading;

    (G) audit records;

    (H) law enforcement and inspection records;

    (IX) shall set forth the matters. 15th permits valid for a period of three years.

    Temporary permits valid for trial production period should not be longer than one year.

    In the term discharge permit, shall permit sewage the sewage.

    16th original of the permit shall be hung in the main office or principal place of business.

    Ban, forged, altered, leased, loaned, traded or otherwise unauthorized transfers of emission permits.

    The fourth chapter change and cancellation

    17th under any of the following circumstances, levy changes formalities shall apply to the Administrative Department of environmental protection.

    (A) the type, concentration, total emissions of the pollutants, emission to changes, pollution control facilities operation, should be changed in the 30th before application to change.

    (B) the polluters of merger, Division, change of name, address or legal representative of a legal person shall be 30th in the application to change the date of registration.

    Article 18th sewage needs continuity of the license shall, before the expiry of the original issuing authorities within the 30th renewal application.

    Administrative Department of environmental protection levy's renewal application should be reviewed and meets the conditions for continued, shall, upon receipt of a renewal application within the 20th for extension procedures; do not meet the conditions for continued, isn't renewed, and inform the applicant in writing.

    19th under any of the following circumstances, after the expiry of the permit, and shall not be extended:

    (A) productivity, processes, equipment and products are included in the list of eliminated, and exceeds the phase-out period of the mandatory phase-out range;

    (B) the sewage land features, where the production or environmental function after adjustment, not suitable for emitting pollutants in the region;

    (C) fails to complete the CAP objectives and tasks;

    (D) other circumstances as stipulated by laws and regulations.

    Article 20th discharge permit is lost, damaged, sewage shall apply to the Administrative Department of environmental protection within the 15th replacement.

    Supervision and administration of the fifth chapter

    Article 21st Administrative Department of environmental protection and environmental monitoring agency should be addressed through monitoring and on-site inspection, strengthen the supervision and inspection of sewage discharge and loading the results into copies of permits.

    22nd polluters should be in accordance with the provisions of the Administrative Department of environmental protection on March 31 in each year an annual report on the implementation of emissions permits, Administrative Department of environmental protection should be verified in the 20th, and loading the results permit copy.

    23rd environmental protection Administrative Department should establish and improve the discharge permit management files and May 31 of each year for the preceding financial year discharge permit approval issuance, revocation, cancellation totals reported to the competent administrative Department of environmental protection at a higher level for the record.

    Environmental protection, development and reform, administration for industry and commerce, housing and urban-rural development, quality and technical supervision, finance, relevant departments of the city administration, exchange of law enforcement information sharing mechanism should be established to inform the relevant administrative licensing, supervision, administrative punishment cases, the relevant Department shall levy handled supervision and administration of and compliance with the permits as a basis.

    The sixth chapter legal liability

    Article 24th without a discharge permit sewage or set forth the matters without a permit in accordance with the sewage discharge, the Department of environmental protection administration a rectification, and in accordance with the provisions of relevant laws and regulations will be punished.
25th polluters of any of the following acts, by the Administrative Department of environmental protection a rectification, and fined a maximum of between 100,000 yuan and 10,000 yuan; it fails to, without a discharge permit sewage will be punished.

    (A) not complying with the provisions of discharge permit modification or continuation of procedures and continue to discharge;

    (B), forged, altered, leased, lent or illicit transfers of emission permits.

    26th the Administrative Department of environmental protection and its staff to any of the following circumstances, by a higher administrative authority or supervisory organs shall be ordered to correct serious cases, the supervisor directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law;

    (A) dereliction of duty, abuse of power, favoritism;

    (B) the permit issued to an applicant who does not have the application requirements;

    (C) in excess of their statutory terms of reference issued by emission permits;

    (Iv) violates the legal process issued emission permits.

    The seventh chapter by-laws

    27th permits and permits applied for by the provincial environmental protection administration departments for registration form a unified format and executive producer. 28th article of the rules take effect on May 1, 2013.