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Administrative Measures On Environmental Protection In Hunan Province

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

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(Adopted by the 107th ordinary meeting of the Government of the Southern Province, on 29 June 2007, No. 215 of the Order of the People's Government of the Southern Province of the Lake, dated 28 August 2007 (Act of 1 October 2007)

Article 1, in order to prevent and control the environmental impacts of construction projects, establishes this approach in line with the People's Republic of China Environmental Impact Assessment Act, the construction of project environmental protection regulations and other relevant laws, regulations and regulations.
The construction of projects in the administrative region of the province that have environmental implications will be subject to this approach.
Article 3. Environmental protection administrative authorities implement integrated monitoring management of environmental protection projects in the current administration.
Sectors such as development and reform, national land resources, planning, construction, water, transport, safe production regulation, and business administration are coordinated in the management of environmental protection projects in line with their respective responsibilities.
Article IV builds projects that affect the environment and must comply with the environmental impact evaluation system, analyse and predict the environmental impacts that may arise after the implementation of the project, propose responses and measures to prevent or mitigate adverse environmental impacts.
The construction units should strengthen the greenization and sanitation management of construction projects, protect historical culture and natural heritage, human landscapes and improve the environment damaged by construction activities.
Article 5 Construction units shall prepare environmental impact reports, environmental impact reports, or a list of environmental impact registrations (hereinafter referred to as environmental impact evaluation documents) as required by the Director-General of Environmental Impact Assessment, published by the Environmental Protection Administration of the State Department, and report to the executive authorities with the authorization authority for environmental protection. The construction projects have industry authorities whose environmental impact reports or environmental impact reports are subject to pre-trial approval by industry authorities.
Article 6. Construction projects for the approval system should be completed by the construction units to complete the environmental impact evaluation documents by issuing a feasibility study; construction projects for approval should complete the environmental impact evaluation documents prior to the submission of the project request report; construction projects for the implementation of the reserve system should be completed and the environmental impact evaluation documents should be completed by the project start-up.
With the approval of the executive authorities for environmental protection, construction projects such as railways, transport, electricity networks may be designed to complete the first environmental impact report or the environmental impact report form.
The construction of a licence is required by law, and the construction units shall report the environmental impact report, the environmental impact report form or the environmental impact registration form in advance of the business licence.
Article 7. Construction projects may be authorized or approved by the development and reform sector, after the approval of environmental impact evaluation documents by the executive authorities of the environmental protection authorities, and the land resource sector may approve land use, issue mining permits, and the planning sector may issue planning candidates, and the construction sector may grant construction permits and the safe production control authority.
Article 8.
The environmental impact evaluation document of the Article 9. Economic technology development area, high-technical industrial development zones, tourist holidays and industrial parks can simplify the content of the environmental impact evaluation documents in the park area.
In areas such as natural protected areas, landscapes, forest parks, geological parks, etc., environmental impact evaluation documents for approved planning must be taken into account, and without planning for construction projects.
Article 10 Environmental impact reports, environmental impact reporting forms are prepared by the construction units entrusted with the establishment of an environmental impact assessment technology service with a corresponding statutory hierarchy. The construction units are encouraged to entrust broker agencies specialized in environmental impact assessments with the use of tenders to identify environmental impact evaluation technology services.
Any units and individuals may not designate environmental impact evaluation technology services for construction units.
Article 11 Before the construction unit's report on environmental impacts, it should be made public, through the media or other means, of the construction of projects within the context of environmental impacts, to hold seminars, hearings or other forms of consultation with relevant units, experts and the public, and to receive advice.
The project environmental impact report must be accompanied by the relevant units, experts and the public's environmental protection opinions and observations adopted or not adopted.
Article 12. The environmental protection administrative authorities shall, after receiving a project environmental impact report, make public announcements on government websites or other means within the context of the environmental impact of the project. The notice was not less than 10 working days. In addition to cases where confidentiality is required by the State, construction projects may have a significant impact on the environment, or the majority of residents around construction projects have dissent on the environmental impact of the project, the environmental protection administrative authorities responsible for approval should organize hearings and adopt or fail to adopt the relevant observations as a basis for approval.
Article 13. Provincial Environmental Protection Administration authorities are responsible for the approval of environmental impact evaluation documents for construction projects other than those approved by the Department of State Environmental Protection Administration:
(i) The Government and its relevant departments are responsible for the approval, approval and documentation of construction projects;
(ii) Construction projects across municipalities, autonomous states' administrative areas;
(iii) Investment in construction projects that amount to more than 100 million dollars, excluding real estate development, catering and recreation, wholesale retail, hotel, office buildings, parking, urban garden greenization and sports parks;
(iv) Regional development projects such as economic technology development zones approved by the State and the provincial people's governments, high-technical industrial development zones, industrial parks;
(v) The development of construction projects in the area of natural protected areas, landscapes, forest parks, geological parks;
(vi) International financial organization loans, foreign government loans construction projects;
(vii) Construction projects that generate electromagnetic radiation; construction of radioisotope applications, accompanying the use of radioactive mineral resources and irradio applications;
(viii) The construction projects for hazardous chemicals production, storage and integrated use of hazardous wastes, and disposal;
(ix) Oil and gas processing, chemical raw materials and the manufacture of chemical products, metal selection and metallurgy, steel production (continuation of waste use), electrical and iron pyrethroids, mechanical plification, paper-making, photocopy, dengueing, escalation, construction, water cement, etc., have serious environmental contamination and the need to develop environmental impact reports;
(x) The construction project contested by the municipal, autonomous state administration for environmental protection in the construction of the project environment impact evaluation findings;
(xi) Other construction projects that should be approved by the provincial authorities for environmental protection, as required by the State and the Government of the provincial population.
Article XIV Environmental Impact evaluation documents for construction projects such as national and provincial environmental protection administrative authorities in this administrative area are responsible for the approval of environmental impact evaluation documents for the establishment of the following construction projects in the Territory:
(i) The city, the Government of the self-government State and its relevant departments are responsible for the construction projects approved;
(ii) The municipality of the establishment, the Government of the People of the State of Self-Government determine the construction projects that fall under the heavy pollution industry and other potentially severely contaminated environments or undermine ecology;
(iii) A project for the establishment of a location or environmental impact in the municipalities of the establishment area, as well as the construction of an administrative area across the territorialities of the autonomous states;
(iv) Projects submitted by the environmental protection administrative authorities in the district of the district;
(v) Construction projects authorized by the provincial authorities for environmental protection;
(vi) Other construction projects to be approved by the executive authorities of the State and the provincial government, in accordance with the provisions of national and provincial governments.
Article 15. The Environmental Protection Administrative Authority of the District of the District is responsible for the approval of environmental impact evaluation documents for construction projects in the current administration area, in addition to those that should be approved by the superior environmental protection administrative authorities.
Article 16 Construction of a unit declaration of approval should be in line with the following conditions:
(i) The choice site is in line with the overall land-use planning, urban overall planning or town-building planning, and is in line with environmental functional area requirements;
(ii) In line with industrial policies;
(iii) Meeting clean production requirements;
(iv) Emissions of pollutant pollutants not exceeding national and provincial emission standards;
(v) Implementation of projects to control construction in the area of total pollutant emissions, consistent with the overall emission control requirements;
(vi) The environmental impact of construction projects is in line with environmental quality requirements identified in the environmental functional areas of the project;
(vii) The mineral resource selection project is in line with the requirements for the effective rehabilitation and recovery of the regional ecology;
(viii) Other requirements under laws, regulations.
Article 17 Administrative authorities for environmental protection shall, within 45 days of the date of receipt of the environmental impact report, within 20 days of the date of the environmental impact report and 10 days of the date of the environmental impact registration form, make approval or non-approved decisions, respectively, and inform the construction unit in writing.
Article 18
Article 19 Environmental impact evaluation documents have been approved, the nature of construction projects, the location of major changes, or their size, changes in production processes, resulting in significant changes in the types of pollutant emissions or the aggregate emissions of major pollutants, which may affect the environment, and the construction units should resubmit the environmental impact evaluation documents.
The construction project was constructed after five years of the date of approval of the environmental impact evaluation document and was preceded by the construction of work, and environmental impact evaluation documents should be re-executed by the executive authorities responsible for the environmental protection of the environment.
Article 20
The units responsible for the construction of project design should prepare a chapter on environmental protection in accordance with the requirements set out in the national design of environmental protection projects.
Construction units should provide the environmental protection authorities with design documents. The design document that does not automatically change environmental protection facilities should be used; changes should be made in accordance with the requirements of environmental impact evaluation documents and reporting on the approval of environmental protection administrative authorities.
In the construction of the project, the construction units should take steps to combat environmental pollution caused by dust, noise, respiration, waste, solid waste, and damage to the natural environment, such as water sources, vegetation, landscapes.
The environmental management system for construction projects that may result in significant environmental impacts was commissioned by the construction unit to implement environmental management for construction projects.
Following completion of the construction project, the construction units must apply in writing to the environmental protection administrative authorities responsible for approval. The construction units should submit to the environmental protection administrative authorities the environmental protection facility engineering summary, the probationary operation, environmental protection monitoring reports and the receipt of requests.
The environmental protection administrative authorities should organize, within 30 days of the date of receipt of the request, relevant departments, units to complete the inspection of the contaminated control facility. Unless experienced receipts or tests are not qualified, the construction of project subjects shall not be produced or used.
The construction of sub-projects, part-time inputs for production or use, and their environmental protection facilities should be collected on a regular basis.
Article 23 Construction projects require probationary production, and construction units should be agreed by the executive authorities responsible for the approval of the project environmental impact assessment document and subject to the supervision of the environmental protection administrative authorities; environmental protection facilities during the probationary production period must be operational simultaneously. Within three months from the start of the probationary production, construction units must submit applications to the executive authorities responsible for the approval of the construction project for the identification of environmental protection facilities.
Article 24 Environmental impact evaluation documents for construction projects have not been approved by the executive authorities of the environmental protection authorities, and construction units have been established by the executive authority responsible for the approval of the construction project to stop construction, which could be fined by over 50,000 yen; self-launched construction and invested production, with the responsibility of the administrative authorities competent to approve the construction project to stop production and could be fined by over 200,000 dollars.
The construction projects have not been resubmitted in accordance with article 19, and the environmental impact evaluation documents are reported, with unauthorized start-up construction or production.
Article 25 Construction projects require uninformed or unqualified access to the construction of the environmental protection facility, which is formally involved in the production or use of the project's environmental protection administrative authority that approves the project's environmental impact evaluation documents to stop production and use, which could be fined up to 10,000 dollars and to fund the polluting of the construction of the facility.
During the construction of the project, the environmental protection facility was not operational in parallel with the work of the main subjects, which was restructured by the executive authority responsible for environmental protection for the approval of the project environmental impact evaluation documents; it was not reformulated to stop the probationary production; it could be fined up to 50,000 yen, and the provision of the polluting facility to fund the management of pollution.
Article 26 Environmental impact evaluation technology services are irresponsible or misleading in environmental impact evaluation, resulting in a serious loss of environmental impact evaluation findings, which are recommended by the provincial environmental protection administrative authorities to reduce their qualifications or to revoke their qualifications certificates and to pay more than three times the cost of environmental impact evaluation; and to provide administrative or disciplinary measures to the competent and other direct responsibilities directly responsible personnel directly responsible.
The design, construction, treasury units and their associated responsibilities in construction projects violate the environmental protection management provisions of the construction projects in their operations and provide administrative penalties or administrative disposal in accordance with the relevant provisions of the State and the province.
Article 27 of the Environmental Protection Administration and other competent authorities responsible for the construction of project environmental protection clearance are one of the following acts, and administrative dispositions are granted to the competent and other direct responsible persons directly responsible, in accordance with the law; and criminal liability is lawful:
(i) Approval of environmental impact evaluation documents in violation;
(ii) Accreditation of unqualified environmental protection facilities;
(iii) To play a role in promoting environmental pollution and ecological damage to construction projects in the administrative region or in providing shelter and condonation for violations;
(iv) Abuse of authority in order to inspire or undermine the relative interests of the administration.
Article 28 of the People's Government and its relevant departments have one of the following acts, and the persons responsible for their leading responsibilities are treated in accordance with the law, which constitutes a crime and are held criminally by law:
(i) Contrary to approval of construction projects;
(ii) To refer to the unlawful approval or inspection of construction projects by the executive authorities and relevant authorities of the environment;
(iii) Intrusive interference with the limitation of environmental protection administrative authorities to investigate, by law, environmental violations of the project;
(iv) Other non-performance of the statutory responsibility for the development of projects for environmental protection management.
Article 29 of this approach was implemented effective 1 October 2007.