Jiangsu Provincial Pollutants Discharged License Management

Original Language Title: 江苏省排放水污染物许可证管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367270.shtml

Jiangsu provincial pollutants discharged license management

    (July 23, 2011 74th meeting of the people's Government of Jiangsu Province considered by people's Government of Jiangsu Province, on July 30, 2011, the 74th release come into force October 1, 2011) Chapter I General provisions

    First in order to regulate the water pollutant discharge permits, control of water pollutant emissions, protecting water quality, according to the People's Republic of China water pollution control law and the People's Republic of China on administrative licensing law and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article on water pollutants in emissions permits within the administrative area of the province, these measures shall apply.

    Article directly or indirectly within the administrative area of the province to discharge industrial waste and medical sewage enterprises and institutions and units operating centralized urban sewage treatment facilities shall obtain emissions permits for water pollutants (hereinafter referred to as sewage).

    Other enterprises and institutions permits shall be obtained in accordance with law and the scope of individual industrial and commercial households by provincial administrative departments of provincial Department of environmental protection provisions.

    In accordance with the provisions of the preceding two paragraphs, enterprises and institutions shall obtain the permits, individual (hereinafter referred to as units) is not made, no pollutants discharged. Fourth implementation of emissions permits, should meet the requirements of key water pollution reduction and control.

    Limit the total amount of emissions comments by the water conservancy Administrative Department as basis for the implementation of total quantity control of pollutants to develop.

    Introducing the paid use of water pollutants emission targets and trading systems, and the specific measures carried out in accordance with provincial regulations.

    Fifth local environmental protection Administrative Department of the people's Government at or above the county level shall conduct unified supervision and management of the pollution permits within the administrative area.

    Competent administrative departments of local people's Governments at or above the county level to industry controlled source reduction and pollution control work in accordance with law, urge the guidance.

    Sixth local environmental protection Administrative Department of the people's Government at or above the county level should according to the environmental protection objectives, combining environmental quality status and trends, as well as social, economic and technological conditions, develop phased implementation of pollutants discharged licensing programs, and implementation of 30 working days ago, through networks, newspapers and other media, or other public way, to the public.

    Chapter II issued permits to apply for

    Article VII units application for a discharge permit, subject to the following conditions:

    (A) production capacity, processes, equipment and products comply with national and provincial planning requirements of industry policy and industry development;

    (B) the environmental impact evaluation of construction project document approved by the Administrative Department of environmental protection, through the environmental protection installation of construction project "three simultaneous" acceptance;

    (C) the pollution prevention facilities, waste disposal capacity and pollutant emissions comply with national and local standards and requirements;

    (D) the drain provisions set in accordance with article 24th of this approach;

    (E) focus units should install water pollutant discharge online monitoring devices, networked with the Administrative Department of environmental protection monitoring equipment;

    (F) units of a possible water pollution accidents, should develop contingency plans to respond to environmental emergencies, equipped with emergency facilities, equipment, items;

    (VII) other conditions stipulated by laws and regulations.

    Through paid use or transactions acquire emission units to apply for permits and paid use fees or transaction price shall be paid in accordance with the provisions. VIII article sewage units to environmental protection administrative competent sector application received sewage license, should filled sewage license application table, and submitted meet seventh article provides conditions of related material; to industrial wastewater concentrated processing facilities emissions water pollutants of sewage units, also should submitted has made sewage license of industrial wastewater concentrated processing facilities operation units agreed accepted its emissions of water pollutants of related proved material, to town sewage concentrated processing facilities emissions water pollutants of sewage units, Should also be submitted to the city drainage permits the pollutants discharged by the Administrative Department of the relevant documents.

    List of materials need to be submitted, by the provincial Department of environmental protection administration through networks, newspapers and other media or other public way, to the public.

    The Nineth counties (cities) units to within the administrative area of County (City) obtained a licence for discharge by the Administrative Department of environmental protection.

    Units to districts other than those provided for in the preceding paragraph or the competent administrative Department for environmental protection determined by permits.

    Tenth new units and the units new construction, renovation or expansion projects shall on receipt of the Administrative Department of environmental protection verification documents submitted within 7 working days from the date of discharge permit application; a pilot project shall, within 7 working days from the date of the pilot making temporary pollution permits applications.

    11th after an application is received by the Administrative Department of environmental protection, materials, be accepted and written to accept vouchers; materials are incomplete or do not comply with the statutory format, shall inform the applicant in writing within 5 working days required corrections in its entirety. The 12th environmental protection Administrative Department shall, within 20 working days from the date of acceptance, shall make licensing decisions. To approve the license decision within 10 working days of the date the applicant issued by emission permits.

    No licensing decision, shall state the reasons in writing and inform the applicants have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    13th permits valid for a period of 3 years.

    Temporary waste discharge permit and trial production period or time limit the validity term, but not longer than 1 year.

    Emission system through compensation for the use or transactions made pursuant to the provisions of and validity of permits and paid use of emission term.

    14th emission permits is divided into an original and a copy.

    Original shall set out the following:

    (A) units of the name, address, legal representative;

    (B) type and quantity of emissions pollutants and emissions where;

    (C) the term of validity;

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

    Copies shall also set forth the following:

    (A) the outlet number and position;

    (B) the outlet determines the total discharge of major pollutants control indicator, allowing annual emissions, maximum allowable emissions and concentrations;

    (C) intermittent, seasonal emission control requirements;

    (D) the implementation of national or local water pollutant discharge standards;

    (E) main processes of pollutants, equipment and waste disposal technology and capacity;

    (F) in accordance with the provisions of paid use or transactions made through the emission of major pollutants (including type, quantity, age, etc) and their corresponding costs or price;

    (G) other matters stipulated by laws, rules and regulations.

    Original and copy of the discharge permit, have the same effect. 15th discharge permit shall record the items change, enterprises should apply for permits change.

    Total amount control of pollutant discharge standards, indicators and other changes needed to permit alteration of the matters set forth, the Administrative Department of environmental protection should be based on announcements or by notice in writing inform the relevant units.

    Units appear to repair pollution prevention facilities, where the duration of not more than 3 months, you can handle the pollution permits change, but shall report to the Administrative Department of environmental protection in advance, by the Administrative Department of environmental protection in its copy of the permit shall be recorded.

    The 16th effective need to continue after the expiration of the permit, units should be effective before the expiry of 30 days, to seek an extension in the Administrative Department of environmental protection.

    Any of the following circumstances shall not be extended:

    (A) production capacity, technologies, processes, equipment and products are included in the list of eliminated, is forced out of range;

    (B) the total quantity control of pollutants exceed the prescribed concentration or indicator by the prescribed period of time or rectification, overdue cannot control the total discharge or fail to meet their requirements;

    (C) the land or the environment, where the sewage production and operation function after adjustment, not suitable for emitting pollutants in the region;

    (D) in accordance with the provisions of paid use or transactions made through emission, fails to continue to purchase emission;

    (E) is not in conformity with the provisions issued discharge permit conditions;

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

    17th discharge permit, discharge permit application form form prescribed by the provincial environmental protection Administrative Department, and published by the Administrative Department of environmental protection issued by emission permits.

    Discharge permit is lost, damaged, pollutant discharging unit shall, within 10 working days of issuing environmental protection Administrative Department to apply for a replacement.

    Chapter III supervision and management

    18th environmental protection Administrative Department for implementation of emissions permits and to supervise and inspect the pollution permits shall follow the principle of openness, fair, just and convenient, efficient, according to the Administration, to provide quality services.

    19th Administrative Department of environmental protection implemented tradable and tradable permits carry out supervision and inspection, shall not charge any fee requirements included in the present budget, be guaranteed by the governmental finance.

    20th conducting supervision and examination by the Administrative Department of environmental protection will not affect the enterprises normal production and operation activities, shall not solicit or accept a discharge units of property, shall not seek other interests.

    21st superior administrative Department of environmental protection should be strengthened to lower pollution permits by the Administrative Department of environmental protection management oversight, direction, correct lower administrative Department of environmental protection in the implementation of the sewage disposal license violations in the process.

    Emission permits should be established by the Administrative Department of environmental protection management database, the electronic management of emissions permits, annual license approvals issued the previous year level on the supervision and management of the Administrative Department of environmental protection.

    22nd units holding a permit shall comply with the following provisions:

    (A) shall not be altered, forged, lease, lend, resell or otherwise transfer of emission permits;

    (Ii) permits the original hanging in the main office or principal place of business;

    (C) the type, quantity, concentration of the pollutant and emissions, modes, set out to meet discharge permit requirements, emissions of any substantial change in type, quantity, concentration, change shall promptly report to the Administrative Department of environmental protection;

    (D) in accordance with the provisions on monitoring, measurement and analysis of pollutant emissions, emissions of the main pollutants in public and regularly report to the Administrative Department of environmental protection;

    (E) the regular production and operation in accordance with regulations, pollutant emissions and pollution control facilities operation management, main pollutant, total control and cutting task of supporting documents;

    (F) accept the on-site examination by the Administrative Department of environmental protection, pollution monitoring, and routine supervision.

    23rd to centralized urban sewage treatment facilities unit discharge of water pollutants, and shall abide by the laws, rules and regulations related to urban drainage management, online automatic monitoring equipment should be networking with urban drainage management bodies.

    24th unit discharge pollutants to water bodies, shall, in accordance with the laws and administrative regulations and environmental protection Administrative Department under the State Council set the discharge outlet.

    Units in the building, rebuilding, expansion outlets of rivers, lakes, water conservancy administrative departments, or catchment management agencies should be made agrees.

    25th key units of measurement certificate shall be obtained on-line automatic monitoring devices, than on monitoring environmental monitoring agencies qualified in accordance with regulations, its monitoring data confirmed by the Administrative Department of environmental protection, as a basis for approved emissions.

    26th units should be before the end of March in each year, issuing reports last year by the Administrative Department of environmental protection of tradable permits, environmental protection administration authorities shall carry out checks to verify and correct acts contrary to the provisions. 27th was ordered or rectification units of governance according to law, the original discharge permit from the issuing of the Administrative Department of environmental protection to recover, issuing temporary permits.

    Within the time stipulated in the management or meet discharge permit application requirements after rectification, can re-apply for a discharge permit.

    28th through compensation for the use or transactions acquire emission units that were ordered to close down for environmental violations, the Suppression of its emission by the Administrative Department of environmental protection to recover; close by itself, its emission by the Administrative Department of environmental protection is not used in accordance with the relevant provisions of the repo.

    The fourth chapter legal liability

    29th environmental protection Administrative Department has one of the following, by the superior administrative authority shall order rectification directly responsible to the charge and other direct liable persons shall be given disciplinary action; a suspected crime, transferred to judicial organs for handling:

    (A) units issued does not comply with the conditions as provided herein permits;

    (B) discovery or complaint investigation and handling of acts in violation of these rules is not;

    (C) no statutory procedures for revocation or cancellation of permits;

    (D) in permit issuance, management, and supervision and inspection work, solicit or accept administrative relative person's property, or seeking other interests;

    (V) not in accordance with public permits the implementation of these measures;

    (F) the laws, regulations and other acts.

    30th article violates these rules, units of any of the following circumstances, be ordered by the Administrative Department of environmental protection to stop sewage and fines of between 10,000 yuan and 30,000 Yuan:

    (A) without a discharge permit discharge of pollutants;

    (B) hold an expired permit discharge of pollutants.

    31st article violates these rules, units in accordance with discharge permit or temporary waste discharge permit discharge of pollutants, the Department of environmental protection administration a rectification, and fined a maximum of between 50,000 yuan and 10,000 yuan in serious or it fails, waste discharge permit or temporary waste discharge permit revoked according to law.

    Article 32nd units without permits or not in accordance with the provisions of permits to discharge pollutants, refuses, the Department of environmental protection administration blocked its outlet, the costs borne by the polluter.

    The 33rd article violates these rules, units not complying with the provisions suspended licenses, granted by the Administrative Department of environmental protection warned that shall order rectification refuses, fined 500 Yuan more than 1000 Yuan fine.

    The 34th article violates these rules, units of any of the following circumstances, the Department of environmental protection administration ordered to stop the discharge of pollutants, rectify, and concurrently impose a fine of less than 1000 Yuan and 10,000 yuan in serious cases, may be fined a maximum of 10,000 yuan and 30,000 Yuan:

    (A) discharge permit shall record the items change, does not require changes, the rectification fails to mend;

    (B) the permit is lost, damage, fails to apply for a replacement, the rectification fails to mend;

    (C) fraud, bribery or other improper means to obtain emission permits;

    (D) to alter, forge, rent, lend, resell or otherwise transfer of emission permits;

    (E) rent, loan, to buy emission permits.

    35th article violation this approach provides, sewage units not according to provides requirements to environmental protection administrative competent sector submitted production business, and pollutants emissions, and pollution control facilities run management, and main pollutants standard, and total control and cut task completed, situation of proved information, or not report Shang a annual sewage license implementation situation of, by environmental protection administrative competent sector ordered its deadline corrected; late still not corrected of, at 10,000 yuan above 30,000 yuan following fine.

    36th article violates these rules, laws and regulations provide otherwise provisions from its provisions.

    The fifth chapter supplementary articles 37th article of the rules take effect on October 1, 2011.