Qinghai Provincial Monitoring Approach

Original Language Title: 青海省节能监察办法

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(On May 18, 2007 Qinghai Province Government 64th times Executive Conference considered through on June 14, 2007 Qinghai Province Government makes 57th, announced since on August 1, 2007 up purposes) first article for specification energy-saving monitored behavior, guarantees energy-saving legal, and regulations and regulations implementation, promoted society reasonable with can and save with can, promote saving social construction, according to People's Republic of China save energy method, and Qinghai province implementation straddling People's Republic of China save energy method approach, legal, and
    Regulations, combined with the facts of the province, these measures are formulated.
    Second article this approach by said energy-saving monitored, is refers to energy-saving administrative competent sector or energy-saving monitored work institutions (following collectively energy-saving monitored units) supervision check energy production, and business, and using units (following collectively was monitored units) implementation energy-saving legal, and regulations, and regulations provides and energy-saving mandatory standard situation, urged, and help was monitored units strengthening energy-saving management, and improve energy using efficiency, law punishment violation energy-saving legal, and regulations, and regulations provides behavior of activities.
    The third Department of the people's Governments above the county level for energy conservation (hereinafter referred to as energy conservation Administrative Department), responsible for the energy saving supervision work within their respective administrative areas. Provincial administrative departments responsible for provincial energy saving supervision work plan.
    Provincial energy saving supervision Office was responsible for the province's daily work.
    Construction administrative departments, within the mandate of special energy saving supervision and administration in accordance with Law; Department of quality and technical supervision administration duties within the related energy saving supervision and administration in accordance with law.
    The fourth energy saving supervision should follow monitoring and service, combining education with punishment, according to law, the principle of fair, open, honest, and efficient. Fifth energy saving supervision work should be included in the budget at the same level.
    Energy saving supervision units is not allowed to be monitored when implementing energy saving supervision unit charges.
    Sixth report energy saving monitoring unit shall establish monitoring, complaint handling system, establish and publish reports, telephone or electronic mail, Web site.
    Citizens, legal persons or other organizations against acts contrary to the energy conservation law has the right to energy saving monitor reports, complaints.
    Seventh article following matters should implementation energy-saving monitored: (a) fixed assets investment project feasibility research report in the about reasonable with can topic argument situation, its design and in construction in the (Hou) on energy-saving legal, and policy and energy-saving design specification, and reasonable with can standard of implementation situation; (ii) with can units implementation national expressly eliminated or limit using of with can products, and equipment, and process and material directory of situation; (three) with can units energy management post, and personnel established and equipped with of situation; (Four) with can units implementation energy technology standard, and national, and province developed of units products energy limit and energy efficiency standard of situation; (five) with can units energy measurement, and consumption statistics and energy using status analysis, energy-saving management system established, and implementation and energy-saving education, and training of situation; (six) with can products production, and business units implementation products energy efficiency identifies and energy index indicate situation; (seven) II steam tons above boiler energy-saving detection situation; (eight) supply energy of quality status; (nine) energy using test, and test, and
    Assessment bodies carry out the services; (x) laws, rules and regulations should monitor the implementation of energy-saving of other matters.
    Eighth provincial supervisory office the total annual energy consumption in more than 5000 tons of key energy-using units monitor the implementation of energy-saving. Total annual energy consumption of up to 5000 tons of energy-using units, by the State (or municipal) and County energy conservation Administrative Department, key energy-using units according to the local area, and to monitor the implementation of energy-saving.
    County energy conservation Administrative Department of energy monitoring results should be reported to the State (or municipal) energy conservation Administrative Department for the record State (or municipal) energy-saving energy conservation Administrative Department shall monitor the results reported to the provincial Office.
    Nineth energy saving monitor spot monitor, the monitor in writing mode. On-site supervision, shall notify the monitor unit personnel arrived at the scene, whose personnel arrived at the scene, does not affect the energy saving supervision work.
    When on-site monitoring, energy-saving inspectors shall produce a monitoring record, faithfully record the time, place, content, participants and the situation monitored and energy-saving supervisory personnel and units being supervised by the staff (or their clients) to sign; monitoring unit refused to sign, shall be indicated in the monitor record.
    Monitor the implementation of writing, monitoring units should be in accordance with the energy saving supervision unit requires time, content requirements, submit utilization of energy and other relevant information. Tenth article has following case one of of, energy-saving monitored units should implementation site monitored: (a) on was monitored units energy using status needed site monitoring determine of; (ii) with can units main energy equipment, and production process or energy consumption structure occurred major changes effect energy-saving of; (three) with can units on waste energy of process, and equipment not take energy-saving technology measures reduced energy of; (four) need site confirmed was monitored units implementation energy-saving rectification situation of; (five) legal, and regulations, and
    Rules and regulations should be monitored in other circumstances.
    Except as provided in the preceding paragraph, energy saving supervision unit to higher authorities assigned by or the departments concerned at the transfer of energy-saving supervisory matters, or by a citizen, legal person or other organization reports, complaints or other ways to discover energy-using units for breach of laws, regulations, rules and regulations or energy-saving standard, implementation should be monitored.
    11th National unified deployment and on-site energy saving supervision in accordance with article tenth of this approach, but energy-saving to the same unit by monitoring monitor no more than once a year.
    Energy-saving monitoring units in accordance with the work plan to implement energy-saving monitor, monitor the implementation of energy-saving should be 7 working days in advance of time, scope, content, and specifically requested in writing inform the monitoring unit.
    12th under supervision shall cooperate with the energy saving supervision unit monitor the implementation of energy-saving work according to law, accurately to explain the situation, provide relevant information, samples, and may not refuse or impede energy saving supervision, or forge, alter, conceal, destroying the evidence. 13th energy saving monitoring unit should be strengthened supervisory personnel training, business appraisal, and supervision and management.
    Energy-saving supervisory personnel should be familiar with the relevant laws, rules and regulations, learn energy-saving technical standard, have the ability to monitor business, obtain a law enforcement document.
    Implement field monitoring should be more energy-efficient monitors together, produce their documents, perform their duties according to law, for monitoring conservative technology, trade secrets, and shall not take advantage of their positions to get illegal profits or possible impact energy saving supervision and fair behavior.
    14th article energy-saving monitored personnel law implementation energy-saving monitored Shi, right to take following measures: (a) asked about personnel, and records or recording; (ii) check out, and copy or reproduces and energy-saving monitored matters about of technology file, related information; (three) on was monitored units production site for check, on about information, and scene, and equipment, and facilities and products, for video, and photo; (four) requirements was monitored units in provides term within, on energy-saving monitored by involved problem made explained and description;
    (E) to monitor energy use and energy saving monitoring; (vi) the premises, equipment, facilities and processes, inspection, testing and monitoring products; (VII) stop, correct the violation of energy conservation laws, regulations, rules and regulations or energy-saving standard; (h) the laws, rules and regulations can take other measures.
    15th energy saving supervision and monitor unit stake, could affect the energy saving monitor fair, shall take the initiative to apply for withdrawal.
    Think energy-saving supervisory personnel should avoid being supervised, in writing or orally to the energy saving supervision unit.
    Energy saving inspectors avoided by monitoring unit mainly responsible for the decision.
    16th energy saving supervision units found to be monitoring unit relating to energy conservation laws, regulations, rules and regulations or energy-saving standard, against whom a notice of rectification, rectification.
    Energy saving supervision units found to be monitoring units is manifestly unreasonable, not violation of energy saving laws, rules, regulations or mandatory standards, for whom a energy saving monitor submissions, calls for measures to be improved.
    17th according to the way the 16th article, order rectification or requested to take measures to improve monitoring units, energy saving supervision unit shall, within the terms of reference for the monitoring unit provides information and technical guidance in the area of or services; monitor the units can also be energy-saving unit, within the mandate requires providing information, technical guidance or help.
    18th energy saving supervision unit order rectification of the monitoring unit should be based on the actual needs of the corresponding technology, determine corrective action period. Absolutely necessary to extend the period of rectification units being supervised should be raised in the 15th before the expiration of the extension application.
    Energy saving supervision units shall within 5 working days of receipt of the application for extension of decision, but the extension period shall not exceed 6 months.
    19th energy conservation supervision unit should focus on tracking monitor issued rectification notices or energy saving monitor submissions were monitoring unit, urged its rectification. Office-bearers of the 20th energy conservation supervision unit to implement energy-saving monitoring shall, within 60 days from the date of filing the case.
    Parties legally required to hold a hearing, hearing time frames are not counted. Energy saving monitor the situation and delay closing of complex needs, approved by the energy saving supervision unit head, may be appropriately extended.
    But the extension period shall not exceed 30th.
    21st energy monitoring unit shall, within 15 working days after the end of energy saving supervision make energy saving monitor reports, and sent to the monitor unit.
    Energy saving monitor reports should include the following: monitor the implementation of energy-saving of time, content, way, to reorganize the concluding observations, monitoring and for illegal activities, and more.
    22nd has been monitoring units to monitor energy-saving report dissent, on the date of receiving the energy saving monitor reports in the 15th, writing to the energy efficiency monitoring unit for review of applications. Energy saving supervision unit shall, from the date of receiving the application for review in the 15th and making admissibility decisions. Energy saving supervision units review the applications admissible or inadmissible, seal and date the certificate with this unit should be in written form.
    Decision of admissibility, since it proceeded to entertain within 30th of Organization for review. Review and monitoring required to implement energy-saving monitoring should be monitored by a qualified energy use monitoring bodies.
    Being monitored units certified by the review the objection is established, reviewing energy conservation monitoring in energy conservation supervision shall assume all the charges; not established, borne by the monitoring unit.
    23rd was monitoring unit has the right to refuse illegal and monitor the implementation of energy-saving and energy-saving Administrative Department, report to the supervisory organ and other departments.
    24th has been monitoring the violation of energy conservation laws, rules, regulations or mandatory standard for energy efficiency, should be given administrative punishments, from energy-saving administrative department according to laws, regulations, rules and regulations.
    Energy-saving units being supervised by the Administrative Department shall be given administrative punishments, its illegal actions and penalties can be announced to the public.
    Monitoring unit will get the 25th energy saving monitor submissions, within the prescribed period of time without a legitimate reason to call for measures to improve energy saving monitor unit can be unreasonable behavior to the public.
    26th hinder energy-saving monitoring units to monitor unit into energy-saving monitoring site monitoring according to law, or refuses to explain the situation, providing related materials, samples, by energy conservation Administrative Department ordered corrective action and give a warning; refused to correct, punishable by more than 1000 10000 Yuan fine.
    27th has been monitoring units forge, alter, conceal, destroy relevant evidence, monitored by energy conservation Administrative Department was fined 2000 Yuan more than 10000 Yuan fine and directly responsible to the head of personnel and other persons who are directly responsible for more than 500 Yuan 1000 Yuan fine.
    28th article was monitored units received deadline rectification notice Hou, in provides of term within no due reason not by requirements rectification of, or by rectification no reached rectification requirements of, by energy-saving administrative competent sector by following provides proposed views, reported to the this level Government according to State provides of permission processing: (a) on new national expressly ban of high energy industrial project of, ordered stop input production or stop using; (ii) on over units products energy limit with can of, ordered closed reorganization or close.
    29th article energy-saving monitored staff has following case one of, by its where units, and superior administrative organ or monitored organ ordered corrected, and law give administrative sanctions; constitute crime of, law held criminal: (a) not law perform energy-saving monitored duties of; (ii) leaked was monitored units of technology, and commercial secret of; (three) using positions of will seek illegal interests of; (four) illegal to was monitored units charged costs of; (five) engaged in effect energy-saving monitored just law enforcement behavior of.
                                                                                                                  30th these measures shall come into force on August 1, 2007.