Implementation Measures For The Environmental Impact Assessment Of Wuhan City

Original Language Title: 武汉市环境影响评价实施办法

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(April 26, 2006, Wuhan municipal people's Government at the 37th Executive meeting on June 8, 2006, 169th promulgated by the people's Government of Wuhan municipality as of July 8, 2006) Chapter I General provisions article in accordance with the People's Republic of China environmental impact assessment law, the construction project environmental protection regulations and other laws and regulations, combined with the city's actual, these measures are formulated.
    Article working in the administrative area of the city planning and the construction project environmental impact assessment activities and related administrative activities shall abide by these measures.
    The third people's Governments at various levels shall take measures to encourage and support relevant units and experts and citizen participation in environmental assessment activities.
    Municipal environmental protection Administrative Department shall, jointly with relevant departments, establishment and improvement of the city environmental impact assessment experts, environmental impact and share advance information on the environmental impacts of the underlying database system.
    Chapter planning environmental impact assessment of the fourth municipal people's Government and the relevant departments, land use, regional (including various types of development zones and industrial parks), construction of basin development planning, environmental impact assessment should be in the process of making organizations, to prepare environmental impact chapter or explanation.
    Concerned organizations in industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism and natural resources development planning guidance in planning, environmental impact assessment should be in the process of making organizations, to prepare environmental impact assessment chapter or explanation; others planning environmental impact assessment report shall be compiled.
    In accordance with this article, second paragraph the scope of planning environmental impact assessment by the municipal environmental protection administration departments in accordance with State regulations to the public.
    Fifth planning organization to conduct environmental impact assessment should be entrusted, inter alia, through public bidding according to law which comply with the qualification requirements of environmental impact assessment of technology services, and according to the environmental impact assessment of its opinion on the draft plan be revised planning major changes to the draft, environmental impact assessment documents should also be supplemented or amended.
    Planning environmental impact assessment requirements should be included in planning and budgeting.
    Sixth planning authorities on the planning examination and approval authority for approval when the draft plan, shall submit the following documents: (a) environmental impact assessment of planning documents, (ii) adopted the draft plan environmental impact assessment documentation for instructions.
    Potential to cause adverse environmental effects and environmental rights and directly related to the public draft planning, shall also submit the relevant units and experts and public awareness of the environmental impact assessment and the adoption of instructions, but the State requires secrecy be excluded.
    Planning authority prescribed in the preceding paragraph is not attached documents, planning and approval authority shall not be approved.
    The seventh municipal people's Government and the relevant departments in the Planning Bill, should be made in the draft plan by the municipal environmental protection administration documents for environmental impact assessment review, and environmental impact assessment reports and the review of the Administrative Department of environmental protection as an important basis for approval.
    Eighth in the planning and implementation process, planning and implementation organs should be synchronized implementation of environmental protection measures.
    Has a significant impact on the environment after the implementation of planning, planning authorities shall organize the environmental impact evaluation, and to report the evaluation planning and approval authorities; any units or individuals found to have adverse environmental impacts has the right to plan approval authorities or local governments, the environmental protection administration report, planning examination and approval organs shall supervise take corrective action plan implementation unit.
    Plan implementation has significant adverse environmental impacts, planning and implementation units did not take corrective action, the environmental protection administration departments or other administrative departments shall require the planning authority propose improvement measures.
    Third chapter construction project of environment effect evaluation Nineth article following on environment may caused major effect of construction project, units should prepared environment effect report book, on construction project produced of pollution and on environment of effect for full, and detailed of evaluation: (a) raw materials, and products or production process in the involved of pollution type more, and number big or toxicity big, to degradation of construction project; (ii) may on ecological system produced larger effect or may raised and increased natural disasters of construction project;
    (C) may cause cross-administrative disputes over environmental impact of construction projects and (iv) development zone construction, new construction, old city reconstruction and basin, construction of regional development and construction of projects such as areas along the Lake; (v) the national provisions should be preparing environmental reports on other construction projects. Tenth Article following on environment may caused mild effect of construction project, units should prepared environment effect report table, on construction project produced of pollution and on environment of effect for analysis or special evaluation: (a) pollution factors single, and pollutants type less, and number small or toxicity lower of construction project; (ii) on terrain, and landforms, and hydrological, and soil, and biological diversity, has must effect, but not change ecological system structure and function of construction project; (three) scale small, and
    Basic construction projects not to affect environmentally sensitive area and (d) shall prepare an environmental impact report form prescribed by the State for other construction projects.
    11th article following on environment effect is small of construction project, units should filled environment effect registration form: (a) basic not produced waste, and stench, and noise, and vibration, and hot pollution, and radiation, adverse Yu environment of construction project; (ii) basic not change terrain, and landforms, and hydrological, and soil, and biological diversity, not change ecological system structure and function of construction project; (three) not environment sensitive district caused effect and scale small of construction project;
    (D) the State should fill in the registration form of the environmental impacts in other construction projects.
    The 12th article of the way the Nineth and tenth and 11th article list of specific construction projects by the municipal environmental protection administration departments in accordance with State regulations to the public. 13th article construction project has following case one of of, environmental protection administration sector shall not approved its environment effect evaluation file: (a) national expressly eliminated of, and ban construction of, and not meet national industry policy of construction project; (ii) not meet city general planning, and environment function Division of construction project; (three) natural resources using not reasonable or using rate low, may caused pollution and ecological damage of construction project; (four) not can meet national and place provides of pollutants emissions total control requirements, and
    Discharge standard of pollutants for construction projects; (v) for drinking water source protection areas, nature reserves, scenic spots and important ecological function and ecological sensitive areas and other areas affecting the ecological environment construction project; (vi) laws and regulations do not meet the approval requirements of other construction projects.
    Environmental impact evaluation of construction project of the 14th article, duplication should be avoided and the environment impact assessment of planning; construction project planning as a whole, according to the environmental impact evaluation of construction project, no environment impact assessment of planning.
    Have been contained in environment impact assessment of planning specific projects, which can simplify the content of environmental impact assessment work, but the specific construction projects, pollution factor in planning have not been assessed in environmental impact assessment, environmental impact assessment of its content may not be simplified.
    15th construction units shall entrust a qualified technical service of environmental impact assessment environmental impact assessment.
    No administrative organ may not be specified for the construction units engaged in the environmental impact assessment environmental impact assessment of the technical service.
    16th article engaged in construction project environment effect evaluation work of technology service institutions and professional technicians, should has corresponding of qualification and qualification, and comply with following provides: (a) strictly implementation environment effect evaluation technology specification; (ii) objective just to proposed environment effect evaluation views; (three) shall not provides false of environment effect evaluation file; (four) shall not violations contract environment effect evaluation business; (five) shall not unauthorized reduced environment effect evaluation grade; (six) strictly implementation national provides of charges standard.
    Environmental impact assessment of environmental protection Administrative Department should strengthen the quality of technical service institutions supervision and guidance. 17th article following construction project of environment effect evaluation file, except law should by national or province approval of yiwai, by city environmental protection administration sector is responsible for approval: (a) by City Government and about sector approval, and approved, and record of construction project; (ii) dyeing, and brewing, and leather, and plating, and chemical raw materials manufacturing, and chemical fiber manufacturing, and medicine manufacturing, and rubber, serious pollution environment of construction project; (three) involved concentrated type drinking water water reserves, and
    City level above nature reserve and the landscape places district, environment sensitive district within of construction project; (four) across administrative of or may produced across regional environment effect of construction project; (five) by city environmental protection administration sector for supervision management of industrial enterprise of new, and modified, and expansion of construction project; (six) by national provides, need prepared environment effect report book of other construction project.
    District environmental protection Administrative Department is responsible for approving the administrative area in addition to national, provincial and municipal approval outside the scope of other construction projects.
    18th construction units shall be in accordance with these measures the Nineth and tenth, 11th provisions of classification management of construction projects, from the environmental protection administration approved the construction project environmental impact assessment report, EIA report or environmental impact assessment registration form; the competent authority must first be approved by the competent authority of the pre. Environmental protection Administrative Department shall from the date of receiving the environmental impact report 30th 20th days of, environmental impact reports, environmental impact within 5th of the registration form, make a decision and notify the owner in writing.
    To extend processing time due to special reasons, the approval authorities shall inform the employer in writing, though no more than laws and regulations.
    Examining, examination and approval of environmental impact evaluation of construction project document shall not charge any fee.
    19th construction project approval system is adopted in accordance with the regulations of the State administration, construction feasibility studies should be submitted for approval before the project environmental impact assessment documents on traffic, construction projects, agreed by the Administrative Department of environmental protection, environmental impact assessment document for approval prior to the completion of preliminary design.
    Management the implementation of approved construction projects according to state regulations, the construction unit shall be submitted prior to project approval application approval for the environmental impact assessment document.
    In accordance with State regulations implemented file system management of the construction project, the construction unit shall in the project file after the approval of environmental impact assessment prior to construction documents.
    20th environmental impact evaluation of construction project document approved by the environmental protection administration, the project examination and approval Department shall not approve its construction, the construction unit shall not commence construction.
    In accordance with State regulations do not need to conduct a feasibility study on building projects and may produce odor, smoke, noise environment directly affects the public interest, such as construction projects, the construction unit shall, before construction approval of the construction project environmental impact assessment reports, which need to apply for a business license, shall, before going through the business license and approval of environmental impact assessment document. 21st article except national provides need confidential of case outside, on according to provides should prepared environment effect report book of construction project, units in approval construction project environment effect report book Qian, should sought units, and experts and public of views; not prepared environment effect report book, but may produced stench, and fume, and noise, directly effect project location residents environment interests of construction project, units in approval environment effect evaluation file Qian, should sought the project location units, and
    Community and the views of the residents and the public.
    Environmental impact assessment for construction approval documents shall be attached to the request for views of and a description of views adopted or not adopted.
    22nd article construction project has following case one of of, environmental protection administration sector should in on the project environment effect evaluation file made approval decided Qian held hearing: (a) project units in approval environment effect report book Qian, should sought units, and experts and public views and not sought of; (ii) directly involved major public interests of; (three) public views exists larger differences, and most public of views not was adopted of; (four) legal, and regulations provides should for hearing of other case.
    23rd after approval, the construction project environmental impact assessment document, the nature and scale of the project, location, use, production or pollution prevention, measures to combat ecological destruction of major changes, the construction unit shall re-apply for approval for the environmental impact assessment document.
    Environmental impact evaluation of construction project files from the date of approval for more than 5 years before deciding to start the construction, its environmental impact assessment reports should be submitted to the original examination and approval departments review; less than 5 years more than 2 years, should be submitted to the original examination and approval Department to confirm.
    Environmental impact evaluation of construction project document submitted to the approving authorities re-examine or identified, significant changes in the project environment or laws, rules, regulations, environmental standards for major changes, the construction unit shall make consequential changes to environmental impact assessment document.
    The original examination and approval Department shall receive review or confirmation document of the construction project environmental impact assessment application date in the 10th, audits, confirming written notice to the employer.
    24th construction units shall in accordance with the construction project environmental impact assessment reports and environmental protection Administrative Department of environmental protection measures or measures designed, built, ensuring its put into use simultaneously with the principal part of the project, and will require a complete set of facilities design programme of environmental protection Administrative Department of environmental protection records.
    Due to special reasons, project design, construction and environmental impact evaluation process needs to be changed in file or measures referred to in the approval by the Administrative Department of environmental protection, the construction unit shall first seek consent of the original examination and approval departments.
    25th construction units should be in front of the construction of the main works of the project run with load, apply to the approval of the environmental protection administration construction project trial production or trial operation.
    And supporting environmental protection installation of construction project has been completed and in accordance with the production or trial operation condition, original examination and approval Department shall from the date of receiving the application for pilot approved the construction project within the 20th pilot or trial operation; environmental protection facilities are not yet completed, or not to adopt the environmental impact assessment documentation and approval by the Administrative Department of environmental protection measures by shall not carry out trial production or trial operation.
    26th environmental impact evaluation of construction project management should be carried out in accordance with the national environmental protection completion acceptance check of construction project.
    Did not accept the environmental impact evaluation of construction project documentation and environmental protection measures proposed by the environmental protection administration, not through the environmental protection completion acceptance, and shall not be put into production or use.
    The 27th under any of the following circumstances, the construction unit shall, in accordance with the original examination and approval departments under the environmental impact assessment: (a) construction project in the building, running in the process does not meet the approved environmental impact assessment documentation; (b) the approval of environmental impact assessment document provides or the original examination and approval departments mandated environmental impact assessment should be carried out.
    Construction process of environmental impact assessment, measures should be taken to eliminate adverse environmental impacts and relevant measures of environmental protection Administrative Department and the construction of project examination and approval Department for filing. Fourth chapter legal responsibility 28th article national administrative organ and staff has following case one of of, on directly is responsible for of competent personnel and other responsibility personnel, by superior competent sector or monitored organ law give administrative sanctions; constitute crime of, transferred judicial organ law held criminal: (a) in organization environment effect evaluation Shi fraud or has dereliction of behavior, caused environment effect evaluation serious false, or on not law prepared environment effect chapter, and
    Description or not law comes with environment effect report book of planning draft be approved of; (ii) not according to statutory conditions or violation statutory program audit, and approval construction project environment effect evaluation file, or in approval, and audit construction project environment effect evaluation file Shi charged costs, plot serious of; (three) on law should for environment effect evaluation and not evaluation, or environment effect evaluation file without approved, unauthorized approved the project construction or unauthorized for its handle related administrative license of. 29th article has following case one of of, according to People's Republic of China environment effect evaluation method and about legal, and regulations of provides be punishment: (a) violation this approach 16th article first paragraph subsection (three), and (four), and (six) items provides, engaged in construction project environment effect evaluation work of institutions and professional technicians provides false of environment effect evaluation file, and violations contract business and charged costs of; (ii) violation this approach 20th article first paragraph, 23rd article first paragraph provides,
    Units without approval or to approval of environmental impact assessment document or approval, but not approved, the unauthorized construction; (c) in violation of these regulations the 23rd paragraph unit environmental impact assessment document was not submitted to the original examination and approval Department review, permission to start the construction.
    30th article has following case one of of, by city environmental protection administration sector ordered corrected, and can at 10,000 yuan above 30,000 yuan following fine: (a) violation this approach 16th article first paragraph subsection (five) items provides, engaged in construction project environment effect evaluation of work institutions unauthorized reduced environment effect evaluation grade of; (ii) violation this approach 25th article provides, units without original approval sector approved, unauthorized will construction project subject engineering input try production or try run of.
    Fifth chapter schedule 31st article this approach by said environment sensitive district, is refers to has following features of regional: (a) needed special protection area: national legal, and regulations, and administrative regulations and the planning determine or by city level above Government approved of need special protection of area, as drinking water water reserves, and nature reserve, and landscape places district, and ecological function reserves, and basic farmland reserves, and soil erosion focus control district, and important fisheries water, and forest park, and national focus heritage protection units, and history culture protection to,.
    (B) attention: in densely populated areas, populated area, culture and party central office locations, health, hospital, etc.
    After the construction project environmental impact assessment mentioned in these measures refers to the environment in the construction and operation effects and preventive measures to track, monitor and validate the effectiveness of assessment and remedial programmes or measures.
    32nd article this way by the municipal environmental protection Administration Department is responsible for the interpretation.
                                                      33rd article this way as of July 8, 2006.

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