Tianjin City, Tianjin Municipal People's Government On The Revision Of The Decisions Of The Management Of Environmental Protection Of Construction Projects

Original Language Title: 天津市人民政府关于修改《天津市建设项目环境保护管理办法》的决定

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(June 21, 2004, Tianjin Municipal People's Government Executive meeting of the 30th through June 30, 2004, Tianjin Municipal People's Government promulgated as of July 1, 2004, 58th) of the Tianjin Municipal People's Government for decision of administrative measures on environmental protection of construction projects (Municipal Government of 2000 to 28th) as follows: first, the 12th article is changed to: "the present measures stipulated in the third, fourth and fifth, Environmental protection Administrative Department shall, from the date of receipt of the construction project environmental impact report within 45 days, and 20th days of receiving the environmental impact report, received environmental impact registration form within 10th of, respectively, make a decision and notify the owner in writing.
    "Second, the 13th article deleted. Third, the 19th article is revised as follows: "the construction project environmental impact report, environmental impact reports or environmental impact registration expiration of 5 years from the date of approval, construction project under construction, by unit holders approved the environmental impact statements, environmental impact reports or environmental impact registration form and the original approval documents submitted to the original examination and approval authority to audit.
    Present measures stipulated by the third, fourth, fifth, and original examination and approval authority shall receive the construction project environmental impact report, environmental impact reports or environmental impact registration and the date of the original file in the 10th, will review comments written notice to the employer; fails to notify is deemed approval.
    Four, the 21st the third and fourth paragraphs article deleted.
    Five, the 23rd article deleted. Six, the 24th article is changed to "environmental protection Administrative Department shall from the date of receiving the application for acceptance of environmental protection facilities in the 30th to complete acceptance.
    "The serial numbers of the relevant provisions is adjusted accordingly.
    This decision shall take effect on July 1, 2004.

    The Tianjin urban construction project management of environmental protection in accordance with this decision be amended accordingly promulgated anew.
    Attached: Tianjin city construction project environmental protection management approach (2004 amendment this) (July 21, 2000 City Government released June 30, 2004 according to City Government on modified straddling Tianjin construction project environmental protection management approach of decided amendment announced) first chapter General first article for strengthening this city construction project environmental protection management, prevent construction project produced new of pollution, and damage ecological environment, according to about legal, and regulations, combined this city reality, developed this approach.
    Second approach applies within the administrative area of the city which have an impact on the environment of the construction of building projects.
    Construction projects in these measures, refers to the construction, extension, alteration, relocation, technology industries, such as construction projects and real estate development, tourism, catering, entertainment and other non-industrial construction projects and a variety of regional development and construction projects.
    In the administrative area of the city within the units and individuals engaged in construction projects, shall be subject to these measures.
    Article building polluting projects must comply with emission standards and local standards of this municipality; within the areas of focus in the implementation of total quantity control of pollutants released pollutant emissions must meet the requirements focus on total quantity control of pollutants.
    Fourth construction projects should be in line with State industrial policies and the overall city planning, resource consumption and high efficiency, low material consumption devices, less pollutants and cleaner production, prevention of environmental pollution and ecological damage.
    Reconstruction, expansion and technical innovation projects must take measures to control associated with the project's original environmental pollution and ecological damage, pollutant emissions must comply with the provisions of the control of the target limits.
    Construction projects from foreign technologies, equipment and purchases from abroad, must comply with the principle of non-polluting or less polluting. Article fifth project site must comply with the overall urban planning requirements.
    Existing pollutant that does not meet the overall urban planning unit, shall not expand the scale of production and increased pollutant emissions, and should be combined with industrial and product restructuring, technological innovation and other systematic measuring, moving.
    In the project site should be environmental protection, Department of environmental protection administration should be involved in the initial location.
    Sixth municipal, district, County, the jurisdiction of the Administrative Department of environmental protection to environmental protection shall exercise unified supervision and management of construction projects in the region.
    Planning, economic, construction, planning, land, water, agricultural, industrial and commercial administrative departments according to their respective duties, cooperate with the competent administrative Department of environmental protection environmental protection of construction projects.
    Chapter seventh article of the city environmental impact assessment of the construction project environmental impact assessment system.
    Construction project environmental impact assessment issued by the environmental protection administration under the authority of the environmental impact evaluation of construction project qualification certificate units, units of the city environmental impact assessment should be submitted to the municipal environmental protection administration departments.
    Article eighth construction project proposals should be submitted for the construction unit within 7th day of the approval of the Administrative Department of environmental protection registration procedures for construction projects.
    Nineth article according to construction project on environment of effect degree, according to following provides on construction project of environmental protection implemented classification management: (a) construction project on environment may caused major effect of, should prepared environment effect report book, on construction project produced of pollution and on environment of effect for full, and detailed of evaluation, and proposed control measures; on clean production, and ecological protection, and main pollutants emissions total, set designed chapter (section) for analysis evaluation.
    (B) may cause mild effects on the environment of the construction project, shall prepare an environmental impact report, and on construction projects of pollution and environmental impact analysis or special assessment, prevention measures, and to analyze the total discharge of major pollutants.
    (C) the construction project environmental impact is small, do not require environmental impact assessment, should fill in registration forms of environmental impact.
    Tenth unit construction feasibility study phase of the project should be submitted for the construction project environmental impact report, environmental impact reports or environmental impact registration form. In accordance with the relevant provisions of the State, you do not need to conduct a feasibility study on the project, the construction unit shall in the construction project before construction approval for the construction project environmental impact report, environmental impact reports or environmental impact registration form.
    Among them, the need to get a business license, the construction unit shall, before going through the license approval for the construction project environmental impact report, environmental impact reports or environmental impact registration form. 11th construction unit should be according to the environmental protection of construction projects management directory, determine the category of the construction project environmental impact assessment.
    Classification of environmental protection of construction projects not listed in the list of project types, in units according to the provisions of the present article eighth report to the Administrative Department of environmental protection registration, by the Administrative Department of environmental protection determined according to category management principles, and notify the owner in writing.
    12th the construction project environmental impact report, environmental impact reports or environmental impact registration, reported by the employer have the right to approve the Administrative Department of environmental protection for approval; construction projects there are departments in charge of industry, its environmental impact statement or environmental impact report by the competent departments after examining and approval authority for approval by the Administrative Department of environmental protection.
    The present measures stipulated by the third, fourth, fifth, environmental protection Administrative Department shall, from the date of receipt of the construction project environmental impact report within 45 days, and 20th days of receiving the environmental impact report, received environmental impact registration form within 10th of, respectively, make a decision and notify the owner in writing.
    Pre, review, approval of the construction project environmental impact report, environmental impact reports or environmental impact registration, any administrative organ shall not charge any fee.
    13th to prepare environmental impact reports or the construction project environmental impact report, the construction unit shall choose a qualification certificate for environmental impact assessment environmental impact assessment, environmental impact analysis or special evaluation.
    No administrative organ may not be specified for the construction units engaged in the environmental impact assessment environmental impact assessment unit.
    Units preparing chapter on public participation in environmental impact reports should be established, and should be in accordance with the relevant legal requirements for construction project is located units and the views of the residents.
    14th city environmental protection administration departments can accept the principal of environmental protection Administrative Department under the State Council, the environmental impact assessment unit within the administrative area of the city on a daily basis to check.
    Environmental impact assessment unit within the administrative area of the city, annual environmental impact assessment must be written in accordance with the regulations unit record table, and submitted to the State Council and reported to the competent administrative Department of environmental protection Administrative Department of environmental protection.
    15th article city environmental protection administrative competent sector is responsible for approval following construction project: (a) State environmental protection administrative competent sector delegate approval of construction project; (ii) across district, and county administrative of construction project; (three) city government approval project of or city government authorized about sector approval project of construction project; (four) construction project environmental protection classification management directory confirmed needed prepared environment effect report book of construction project.
    16th district and county administrative departments in charge of environmental protection for approval, approval by the Administrative Department of environmental protection projects, in addition to the following construction projects: (a), delegate approval by the Administrative Department of environmental protection projects, (ii) District and county people's Government approval of projects or district and county people's Government for approval to establish the project's construction projects. 17th article Tianjin economic and technological development zone, and Tianjin Port bonded environmental protection administrative competent sector is responsible for approval is located in this regional within except should by city environmental protection administrative competent sector approval of, and investment in 30 million dollars following of construction project; Tianjin technology industry Park environmental protection administrative competent sector is responsible for approval is located in technology industry Park China Yuan industry district within except should by city environmental protection administrative competent sector approval of, and investment in 10 million dollars following of construction project.

    18th City Department of environmental protection administration for district or County and the Tianjin economic and technological development zone, the Tianjin Port free trade zone, Tianjin new technology industrial park environmental protection Administrative Department of environmental protection of construction projects management business guide, improper approval can be ordered to review or alter, revoke the original approval.
    Districts and counties, and the Tianjin economic and technological development zone, Tianjin Port free trade zone, Tianjin new technology industrial park environmental protection Administrative Department shall provide the Administrative Department of environmental protection, to record its approval of construction projects, and participates in the area, approval of the Administrative Department of environmental protection project review, inspection and supervision and management.
    19th construction project environmental impact report, environmental impact reports or environmental impact registration form approval, construction of the nature and scale of the project, or significant changes in production technology, units shall in accordance with the approval procedure as provided herein approved the construction project environmental impact report, environmental impact reports or environmental impact registration form. The construction project environmental impact report, environmental impact reports or environmental impact registration expiration of 5 years from the date of approval, construction project under construction, by unit holders approved the environmental impact statements, environmental impact reports or environmental impact registration form and the original approval documents submitted to the original examination and approval authority to audit.
    Present measures stipulated by the third, fourth, fifth, and original examination and approval authority shall receive the construction project environmental impact report, environmental impact reports or environmental impact registration and the date of the original file in the 10th, will review comments written notice to the employer; fails to notify is deemed approval.
    Chapter III environmental protection facilities 20th construction projects and management of the necessary supporting pollution prevention and environmental protection facilities to prevent ecological damage, must be simultaneously with the principal part of the project designed, built and put into use. 21st engaged in environmental protection facilities designed units must have the appropriate qualification of environmental protection engineering design.
    Preliminary design of the project, it should be requested by the code for environmental protection design, preparation of texts and on the basis of environmental protection approved the construction project environmental impact report, environmental impact statement or environmental impact registration form, in the chapter of environmental protection in the implementation of environmental pollution and ecological destruction of the investment budget measures as well as environmental protection facilities.
    Chapters by the construction industry of environmental protection authorities are responsible for the technical review, the Administrative Department of environmental protection to review free trade authorities, the unit is responsible for the technical review and participate in the review by the Administrative Department of environmental protection.
    22nd construction units in engineering of construction projects started before 15th construction Administrative Department of environmental protection, where the environmental protection declaration formalities, Administrative Department of environmental protection should respond in the 5th, fails to reply agrees. 23rd completion and acceptance of environmental protection facilities and should be carried out simultaneously with the main project completion acceptance. Need for pilot projects, the construction unit should be on the operation of environmental protection facilities in production during construction projects and to monitor the effects on the environment and put into trial production in construction projects within 3 months from the date, to the approval of the construction project environmental impact report, environmental impact reports or environmental impact environmental protection Administrative Department to apply for acceptance of the registration form,
    Together with environmental protection acceptance check special reports issued by a qualified environmental protection monitoring unit environmental protection installation of construction project completion acceptance check monitoring reports or completion of the monitoring tables.
    Administrative Department of environmental protection shall be acceptance of environmental protection facilities applications received within 30th of completion.
    24th after passing the acceptance of environmental protection facilities, construction project can be put into production or use, and in the 30th after acceptance by the relevant provisions of the sewage discharge registration procedures.
    Fourth chapter legal liability article 25th employer in accordance with this approach the construction project environmental protection registration formalities, by the Administrative Department of environmental protection ordered for a replacement procedure, late is still not financed, punishable with a penalty of 10,000 yuan. 26th article has following behavior one of, and unauthorized starts construction of, by is responsible for approval construction project environment effect report book, and environment effect report table or environment effect registration form of environmental protection administrative competent sector ordered stop construction, deadline replacement procedures; late not replacement of, can sentenced 100,000 yuan following of fine: (a) not approval construction project environment effect report book, and environment effect report table or environment effect registration form of; (ii) construction project nature, and scale, and locations or used of production process has major changes,
    And not again approval construction project environment effect report book, and environment effect report table or environment effect registration form of; (three) construction project environment effect report book, and environment effect report table or environment effect registration form since approved of day up full 5 years, construction project party starts construction, its environment effect report book, and environment effect report table or environment effect registration form not reported original approval organ again audit of.
    27th article has following behavior one of, not approval construction project environment effect report book, and environment effect report table or environment effect registration form, unauthorized input production or using of, except by following provides processing outside, and can at 100,000 yuan following fine: (a) location appropriate and environmental protection measures implementation of, ordered its deadline replacement environmental protection facilities completed acceptance procedures; (ii) location appropriate but environmental protection measures not implementation of, ordered its implementation environmental measures; (three) location improper of, ordered its stop production or using;
    (D) the processes and equipment are included in the list of countries has been officially eliminated, should force out (v) belongs to the source protection areas, nature reserves and other areas requiring special protection against construction projects, closed or closing. Ordered to stop production or use as well as a fine, responsible for approving the construction of the project's environmental impact report, environmental impact report or environmental impact registration forms for decisions by the Administrative Department of environmental protection.
    Closure, closure, decided by the people's Governments at the same level.
    28th article environmental protection administrative competent sector yet on environment effect report book, and environment effect report table or environment effect registration form made approval decided or without original approval organ again audit approved of construction project or has made not agreed construction of approval decided, unauthorized starts construction of, by is responsible for approval construction project environment effect report book, and environment effect report table or environment effect registration form of environmental protection administrative competent sector ordered its stop construction, and recovery undisturbed, can sentenced 100,000 yuan following of fine.
    Article 29th unit is not according to the provisions of the construction item environmental protection measures of examination and approval procedures, completing the formalities by the Administrative Department of environmental protection ordered the deadline late still do not handle can be fined a maximum of up to 10,000 yuan.
    30th construction unit construction environmental protection declaration formalities in accordance with this regulation, and be ordered by the Administrative Department of environmental protection within a replacement procedure, punishable with a penalty of 10,000 yuan. 31st article try production construction project supporting construction of environmental protection facilities not and subject engineering while input try run of, or construction project input try production over 3 months, units not application environmental protection facilities completed acceptance of, by approval construction project environment effect report book, and environment effect report table or environment effect registration form of environmental protection administrative competent sector ordered its deadline corrected or handle environmental protection facilities completed acceptance procedures; late not corrected or not handle completed acceptance procedures of, ordered its stop try production,
    Can be fined 50,000 yuan fine.
    32nd article construction project need supporting construction of environmental protection facilities not built or without acceptance, subject engineering official input production or using of, or above environmental protection facilities experience received not qualified of, in deadline rectification Hou still cannot reached acceptance requirements, subject engineering official input production or using of, by approval the construction project environment effect report book, and environment effect report table or environment effect registration form of environmental protection administrative competent sector ordered its stop production or using, and can at 100,000 yuan following of fine.
    Article 33rd units engaged in construction project environmental impact assessment, in violation of the relevant provisions in environmental impact assessment, the Department of environmental protection Administrative Department under the State Council, the environmental protection administration suggestion of punishment.
    Article 34th functionary of the Administrative Department of environmental protection, abuse their powers, neglect their duties, constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law. 35th party refuses to accept the decision on administrative penalty may apply for administrative reconsideration, but also to the people's Court.
    Overdue party does not apply for reconsideration or bring a lawsuit, nor performs the decision of administrative penalty, made the decision on administrative penalty authority apply to the people's Court for compulsory execution.
                                                                                                      Fifth chapter supplementary articles article 36th these measures shall take effect on July 1, 2004.

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