Zhejiang Province Permits Interim Measures For The Management Of

Original Language Title: 浙江省排污许可证管理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264202.shtml

Zhejiang Province permits interim measures for the management of

    (May 14, 2010, Zhejiang Province people's Government order No. 272, published as of July 1, 2010) first in order to strengthen the supervision and management of pollutant emissions, 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 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 within the administrative region of this province the following emission enterprises, public institutions (hereinafter referred to as units) shall be obtained in accordance with this regulation permits; otherwise provided by laws and regulations, those provisions:

    (A) emissions of main pollutants emissions and as authorized by law;

    (B) the discharge of industrial waste water, medical treatment;

    (C) emissions from intensive livestock breeding sewage;

    (D) discharge dining Khin sewage into the environment;

    (E) the operation of centralized sewage treatment facilities in urban and rural areas;

    (Vi) other units shall obtain a permit.

    Article units after acquiring the permit shall, in accordance with emission permit emission; without a discharge permit, must not emit pollutants. The fourth article of the province discharged sulfur dioxide emissions and chemical oxygen demand and ammonia nitrogen released into the Qiantang River and the Taihu lake basin, emissions control law.

    National and provincial emissions total amount control of pollutants and implementing territorial scope according to the, in accordance with the revised regulations.

    Index of total quantity control of pollutants emissions approved in accordance with the relevant provisions of the State and province.

    Fifth law and regulations issued by the relevant people's Government permits, issued by the relevant people's Government to appoint their own Administrative Department of environmental protection.

    The County (City) issued by the competent authorities responsible for the administration of environmental protection administration permits; district of the city and its District Administrative Department of environmental protection in accordance with the Division of duties, is responsible for issuing permits in the urban area; 300,000-kilowatt per cent of total installed capacity of coal-fired power plant emission permits, issued by the provincial environmental protection Administrative Department.

    Sixth obtained a licence for discharge of the pollutant discharging units shall comply with the following conditions:

    (A) has passed the environmental protection completion acceptance of construction projects (except the pilot, pilot projects);

    (B) management systems and technology to ensure normal operation of environmental protection facilities and management personnel;

    (C) pollution accident emergency plan and emergency response facilities, materials;

    (D) is a key pollutant discharging unit shall, in accordance with the relevant provisions of installing automatic monitoring of emissions monitoring equipment;

    (E) total quantity control of pollutants shall be obtained in accordance with relevant provisions of national and provincial emissions control;

    (Vi) other conditions stipulated by laws, rules and regulations.

    Apply for a discharge permit shall be submitted to the Administrative Department of environmental protection in accordance with the conditions prescribed in the preceding paragraph related material.

    Seventh article accepted sewage license application of environmental protection administrative competent sector should since accepted application of day up 20th within, on applicants submitted of application material for review; on meet provides conditions of, should law made, granted administrative license decided, and since made decided of day up 10th within to applicants issued, and served sewage license; on not meet provides conditions of, should law made not administrative license of decided, and written notification applicants. Discharge permit shall not exceed a maximum period of 5 years.

    Pilot, pilot program permit, its validity shall not exceed production, test run duration.

    Laws and regulations on the first and second paragraphs matters otherwise provided, from its provisions.

    Article permits includes an original and a copy.

    Original shall set out the following:

    (A) sewage company name, address, legal representative (person in charge);

    (B) pollutant type, density, quantity;

    (C) validity;

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

    Copy except as provided in paragraph contained before they agree to things, and shall contain the following:

    (A) the manner, time, movement of the pollutant emissions;

    (B) the outfall location and quantity;

    (C) produces pollutants mainly technology and equipment;

    (D) pollutant approach and processes;

    (E) the implementation of pollutant emission standards;

    (F) the total quantity control of pollutants, and shall set forth the total quantity control of pollutants, reduction of the quantity and time limits;

    (G) emission trading;

    (H) shall set forth the matters.

    Article units names, addresses or the eighth paragraph these measures (a) to (d) of items change, changes in pollutant discharging unit shall, in matters within 10th of the original certification of the Administrative Department of environmental protection to apply the change.

    Units in any of the following circumstances shall re-apply for a discharge permit:

    (A) the nature of construction projects, changes in discharge locations;

    (B) due to changes in scale of construction projects and production causes pollution, such as species, concentration, significant changes in the number of;

    (Iii) other circumstances that warrant the re-apply for a discharge permit.

    Tenth major adjustment of industrial policy or implementation of the emission standards, index of total quantity control and environmental changes such as Ribbon, you need to adjust the pollution permits, Administrative Department of environmental protection shall be in accordance with the waste discharge permit set forth the matter change or require emission units to apply for permits.

    The 11th after the expiry of the permit, and units require continuous, shall, on the expiry of 30th to the certification renewal application to the competent administrative Department of environmental protection.

    Environmental protection administrative competent sector should on sewage units submitted of continued application for review, on meet sewage license issued conditions of, should in sewage license validity expires Qian handle continued procedures; according to this approach tenth article provides need on sewage license matters for adjustment of, should while on sewage license contains Ming matters for change or requirements sewage units again apply for sewage license; on not meet sewage license issued conditions of, should not continued, and written notification applicants.

    The 12th under any of the following circumstances, permit validity period shall not be extended:

    (A) production processes, equipment and products has been prohibited or eliminated;

    (B) adjustments for environmental function zone, is prohibited or restricted in the original regional emissions of pollutants discharge permit requirements;

    (C) emissions exceed the discharge permit concentration or total control, after rectification cannot be discharged;

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

    13th Department responsible for environmental protection departments shall not be issued emission permits or not extend discharge permit is valid, it shall explain the reasons and inform the applicants have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    14th discharge permit is lost, damaged, pollutant discharging units shall apply to the Administrative Department of environmental protection replacement.

    15th permits produced by the provincial environmental protection administration departments.

    16th units should be the original of the permit is placed in the Office or the principal place of business prominently.

    17th units shall establish the emissions and pollution control account, logging permits implementation of licensing matters.

    18th environmental protection Administrative Department shall, through automatic monitoring, on-site inspection, verification in writing and other ways to strengthen supervision and inspection of sewage discharge permit implementation of the licensing, supervision and inspection records and dealing with established emission permit management files.

    Sewage shall cooperate with the competent administrative departments of supervision and inspection of environmental protection to objectively reflect the situation and provide the relevant information.

    19th units have one of the following circumstances, should log off emission permits according to law by the Administrative Department of environmental protection:

    (A) the expiry of the permit, is not renewed;

    (B) termination of production and management;

    (C) has obtained a licence for discharge again;

    (D) the permit is revoked, withdrawn or revoked according to law;

    (E) other circumstances as stipulated by laws, rules and regulations.

    20th Administrative Department of environmental protection, and trade and industry, water conservancy, housing and urban-rural construction, city administration and other competent administrative departments shall establish exchange of law enforcement information-sharing mechanism to inform the relevant administrative licensing, supervision and administrative punishment, and so on.

    21st environmental protection Administrative Department shall every year the administrative year emission permits issued and supervision and management to the level people's Government and the report of the Administrative Department of environmental protection at a higher level.

    22nd environmental protection Administrative Department shall, in accordance with national and provincial provisions relating to disclosure of Government information to the public in a timely manner permit issuance and regulatory information.

    23rd acts in violation of these rules, the relevant laws, rules and regulations on administrative penalties, from its provisions constitute a crime, criminal responsibility shall be investigated according to law.

    24th article should make units permits emission-free emission permits, be ordered by the Administrative Department of environmental protection to stop sewage, ordered for a replacement of the license, and in accordance with the provisions of relevant laws and regulations will be punished; the units that are not issued by emission permits according to law, the people's Governments above the county level in accordance with relevant laws and regulations to order the suspension of operation or closure.

    25th units are not in accordance with emission permit emission of pollutants, the Department of environmental protection administration a rectification, and in accordance with the provisions of relevant laws and regulations will be punished. Article 26th sewage units are not in accordance with the provisions of the license change, and by the Administrative Department of environmental protection a rectification; fails, fined not more than 2000 Yuan and 10,000 yuan.
    27th sewage units are not in accordance with the provisions of the license the formalities again and continue to discharge, the Department of environmental protection administration a rectification, and to a fine of up to 5000 Yuan and 50,000 yuan; it fails to, without discharging pollutants discharge permit will be punished.

    28th units alteration, lease, lend or transfer of emission permits, the Department of environmental protection administration a rectification, and to a fine of up to 5000 Yuan and 50,000 yuan.

    29th units have the offence as provided herein, according to relevant regulations of the province to log them into the enterprise credit information, and release information to the public.

    Article 30th Administrative Department of environmental protection and its staff in the discharge permit issuance and regulatory acts in violation of these rules, the authority shall order rectification are serious, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions.

    31st article this way units made before the implementation of the emission permits to remain in force prior to the expiry of, but due to changes in the situation needs to change or re-apply for a discharge permit, according to the provisions of these measures. 32nd article this way come into force on July 1, 2010.