Supervision And Administration Of Hunan Province And Sewage Metering Method

Original Language Title: 湖南省用能和排污计量监督管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387210.shtml

Supervision and administration of Hunan province and sewage metering method

    (October 30, 2012, Hunan provincial people's Government, the 117th Executive meeting January 5, 2013, Hunan provincial people's Government announced order No. 264, come into force on April 1, 2013) Chapter I General provisions

    First in order to ensure energy, emission measurement data is true and accurate, to promote energy saving and emission reduction, according to the People's Republic of China metrology Act and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article within the administrative area of the province, pollution measurement and metrological supervision and administration activities, these measures shall apply.

    Third people's Governments above the county level shall strengthen energy and emission measurement management, promoting advanced energy, emission measurement technologies and management methods.

    Fourth quality and technical supervision Department of the people's Governments above the county level administrative region and implementation of emissions measurement supervision and administration.

    Development and reform, the economy and the people's Governments above the county level information, housing and urban-rural development, transport, management offices, departments (hereinafter referred to as energy conservation Department), the Administrative Department of environmental protection in accordance with their respective responsibilities, to measure and manage works, sewage.

    Chapter II measuring instruments

    Article fifth in energy, pollutant discharging unit shall establish and improve the management system of measuring instruments are equipped with standards, using measuring instruments, measuring instruments for maintaining normal operation to ensure that measurement data is true and accurate.

    Sixth, the pollutant discharging unit shall, in accordance with the mandatory provisions of the standard are equipped with energy, emission measuring devices due to working conditions or manufacture restriction cannot be equipped with water, should develop and use energy, emission limits and the methods of evaluation, such as, local people's Governments at the county level of quality and technical supervision Department for the record.

    No units or departments shall not specify sales, emission measurement apparatus.

    Seventh under the prohibition of the use of the following energy and emission measuring instruments:

    (A) without verification or exceeds accreditation is granted;

    (B) the performance, accuracy does not meet the requirements of measurement standards;

    (C) counterfeiting or damaged verification mark, anti-counterfeiting devices, sealed;

    (D) without the approval of license;

    (E) other laws, regulations prohibit the use of.

    Article eighth sound energy, sewage system of compulsory certification of measuring instruments.

    Included in the national compulsory certification of measuring instruments list or import energy, emission measuring instruments, using units shall apply to the local people's Governments at the county level of quality and technical supervision departments, legally compulsory examination by the designated legal metrological verification body.

    Without the compulsory examination or failed to pass the compulsory examination measurement equipment, sewage, energy, pollutant discharging unit shall not be used. Nineth, sewage force calibration of measuring instruments, national verification procedures should be performed.

    No national metrological verification regulation, responsible for province by the provincial quality and technical supervision departments of the metrological and metrological Administrative Department under the State Council for the record.

    Article tenth non-compulsory examination, emission measurement apparatus using unit can regularly testing or commissioning qualified calibration verification, and accept the supervision of local people's Governments at the county level of quality and technical supervision Department.

    Third chapter activities

    11th people's Governments above the county level for energy conservation sector to identify key energy unit, the Administrative Department of environmental protection priority pollutant discharging unit shall promptly inform the quality and technical supervision departments at.

    12th key energy-using units shall, in accordance with national standard measurement, industry or local energy, sewage, subject to local people's Government municipal quality and technical supervision Department verification.

    Bulk energy, emissions trading of parties on measurement results disagree, can negotiate jointly authorize the qualified verification institution or product quality inspection organizations, implementation of the third-party measurement.

    Energy-saving emission reduction technology standards for new products and technical transformation scheme of the project, should have used, identification of the emission measurement and indicators, parameters.

    13th-using, units related to quality and technology supervision departments to submit to, discharge measurement data shall be true and accurate, and traceability, and with the quality and technical supervision Department to periodic quantitative measurement data evaluation and verification.

    And sewage units shall not be false, false data, or forge, conceal, destroy the original measurement data and other evidence.

    Article 14th key energy-using units shall be used to measure data quality and technology supervision departments can use online measurement data acquisition monitoring platform, realize the energy measurement data collected online.

    Key units of pollution online monitor measuring instruments installed, verification by the quality and technology supervision departments (calibration) pass the measurement data can be used as a basis for environmental management and sewage charges.

    15th for trade settlement, evaluation, statistical analysis, energy saving, energy consumption, emission and measurement data required for conversion shall be based on standards-compliant testing of measuring instruments based on the results of, and in accordance with the provisions of countries, industries or provinces is calculated.

    16th quality and technology supervision departments above the county level people's Governments shall, together with the Energy Conservation Department, Administrative Department of environmental protection to enhance energy, emission measurement data sharing platform, providing energy and emission measurement information services.

    17th energy, emission units purchase, use, repair and energy saving and emission reduction device, need to detect relevant measuring instruments, may appoint a qualified verification organizations.

    18th energy-saving emission reduction for the community provide notary data verification, product quality, energy services and environmental monitoring agency should have used and sewage of metrological supervision and administration of the provision of technical services to the professional and technical conditions shall obtain the relevant technical agency qualifications.

    Metrology, product quality, energy-saving services, environmental monitoring and other organizations engaged in energy, emission measurement, shall meet the metrological expertise, shall obtain the relevant qualification.

    Fourth chapter of supervision and inspection

    19th quality and technology supervision departments above the county level people's Governments shall establish and improve energy, emission measurement management system in accordance with the People's Republic of China metrology Act and other relevant laws and regulations, implementation of energy and emission measurement supervision and inspection, investigation, sewage metering violations.

    20th-using and emission measurement supervision and inspection of key issues:

    (A) energy, units of measurement management rules and regulations implementation;

    (B) energy and emission measuring instruments are equipped with, identity management and the original test, test cycle;

    (C) energy, emission data acquisition, transmission, summary and comparison of the test results of measuring instruments;

    (D) energy, emission measurement standards and field verification of measurement data;

    (E) new products and technical transformation projects of energy saving, emission measurement, parameter detection.

    21st quality and technology supervision departments above the county level people's Governments on key energy-using units do not use online monitoring data access platform or key units of pollution online monitor measuring instruments without verification (calibration) qualified for a rectification.

    For sampling, emission measurement data and results of measuring instruments than the exceptional circumstances of the measuring instrument does not meet the relevant quality standards, quality and technology supervision departments above the county level people's Governments shall order the use of units within a replacement measuring instrument.

    The fifth chapter legal liability

    22nd article violates the regulations, energy, sewage, one of the following circumstances, in accordance with the People's Republic of China metrology Act, the People's Republic of China energy conservation law and the People's Republic of China metrology law of implementation of the relevant provisions of the rules shall be punished:

    (A) in accordance with stipulations are outfitted with, use, emission measurement apparatus;

    (B) the prohibition of the use, emission measuring instruments;

    (C) using compulsory examination or compulsory verification failed with energy and emission measuring instruments;

    (D) making a false report, emission measurement data or forge, conceal, destroy energy, sewage raw measurement data and other evidence. 23rd article violation this approach 15th article provides, using with can, and energy-saving, and energy, and sewage measurement data of units not to measurement detection measured results as volume value based or not according to provides of calculation method calculation of, by County above government quality technology supervision sector ordered deadline corrected, not involved business behavior of, at 1000 Yuan following of fine; involved business behavior of, ordered compensation loss, plot minor of at 1000 Yuan above 10,000 yuan following fine,

    Serious penalty of between 10,000 yuan and 30,000 yuan.

    24th article violates the regulations, quality and technology supervision departments, the people's Governments above the county level for Energy Conservation Department, Administrative Department of environmental protection, emission measurement of supervisory staff to any of the following acts, penalties constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A), emission measurement for failing to implement the administrative licensing, administrative penalties and other administrative acts;

    (B) the designated sales with energy and emission measuring instruments;

    (C) failing to perform their supervision and management of energy, emission measurement;

    (D) failing to perform their energy, emission measurement information services and other administrative support duties;

    (E) other acts of negligence, malpractice, abuse.

    The sixth chapter supplementary articles 25th article this way come into force April 1, 2013.