Heilongjiang Province Levied Sewage Charges Using A Management Approach

Original Language Title: 黑龙江省排污费征收使用管理办法

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(April 22, 2004 Standing Committee of the Heilongjiang provincial people's Government, the 11th review by 1th of April 22, 2004, Heilongjiang Province announced as of June 1, 2004) first to strengthen the management of collecting fees, use, promote pollution prevention, to improve environmental quality, according to the sewage charges levied on the use regulations of the State Council and other relevant provisions, combined with the facts of the province, these measures are formulated.
    Article II charges within the administrative area of the province is imposed by the application of this approach, use and management.
    Article above the county level, the competent administrative Department of environmental protection, the financial sector and price departments shall, in accordance with their respective responsibilities, strengthening on the sewage charges levy, guidance, management and supervision of the work. Above the county administrative authorities responsible for the administration of environmental protection within the levy of sewage charges, its environmental monitoring agency specifically responsible for the verification and collection of sewage charges.
    Provincial administrative departments in charge of environmental protection capacity more than 300,000-kilowatt of electricity sulphur dioxide discharge fees imposed.
    Land reclamation area of sewage charges levied by the provincial departments in charge of environmental protection administration. Sewage charge levied under article IV, the use must be strictly implemented, "two lines of income and expenditure", levying sewage charges shall be turned to finance.
    Environmental protection law enforcement requirements included in the present budget, be guaranteed by the governmental finance.
    Article sewage charges should be fully earmarked for environmental pollution control, no unit or individual may intercept or occupy, or for other purposes.
    Any unit or individual to retain, occupy or diverting the sewage charges, the right to impeach and accuse.
    Sixth direct discharge of pollutants into the environment the unit or individual (hereinafter referred to as sewage) should be before January 15 of each year, in accordance with the provisions of the State Administrative Department of environmental protection, environmental protection administration departments at or above the County to declare truthfully the previous year under normal operating conditions emissions type, quantity, concentration, and provide relevant information. Polluters should be new construction, renovation or expansion projects production or emission Declaration formalities within three months before the opening.
    Urban areas of construction enterprises using a mechanical device may be causing noise pollution, emission Declaration formalities should project for the 15th.
    The type of sewage discharge of pollutants, quantities, concentrations and other emergency needs major changes or a major change in the situation, shall be respectively changed before or after the change of the application procedures for amendment within the 3rd.
    Seventh Administrative Department of environmental protection shall be in accordance with relevant regulations of the State and province, pollution discharge Declaration and wish to change the time of the audit.
    Eighth Administrative Department of environmental protection should be in a month or in the 10th after the end of each quarter, according to the emission declaration after the audit data combined with the actual situation, type, quantity of approved sewage discharge of pollutants.
    Type and quantity of sewage discharge of pollutants with regularity, stability, can be approved in accordance with the previous declaration approved by the data.
    Sewage refuse of the report or wish to change is not in accordance with the provisions of, in accordance with the measures Nineth and tenth section directly approved emission type and quantity.
    Nineth article environmental protection administrative competent sector according to following data of priority order, on sewage who emissions pollutants of type, and number for approved: (a) sewage who normal using national forced verification and by law regularly check of pollutants emissions automatically monitoring instrument made of monitoring data; (ii) environment monitoring institutions supervision sex monitoring made of monitoring data; (three) environment monitored institutions delegate monitoring made of monitoring data, and on dust black degrees and the noise, site monitoring made of monitoring data;
    (D) in accordance with State regulations and the provincial Department of environmental protection administration supplementary provisions on material balance method to calculate the data. Tenth Administrative Department of environmental protection in accordance with actual conditions, catering and entertainment services such as small sewage were approved for the use of sampling methods of the volume.
    Sampling method of approved emission is measured by the provincial environmental protection administration departments and to the public.
    11th emission type and quantity of pollutants after they have been approved, by the approval of the Administrative Department of environmental protection is responsible for pollutant discharge to sewage service of the approved notice. Dischargers on the number of approved types of pollutant emissions, dissent, from the date of receipt of the notification within the 7th, you can apply to given notice of the Administrative Department of environmental protection to review environmental protection Administrative Department shall, from the date of receipt of the application for review in the 10th, making review decisions.
    Levy against the results of the review are still objections, shall be paid as per the review the sewage charge, which you can then apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    12th article sewage who should according to following provides paid sewage fee: (a) in accordance with water pollution control method of provides, to water emissions pollutants of, according to emissions pollutants of type, and number paid sewage sewage fee; over national or province provides of water pollutants emissions standard of, according to exceeded emissions pollutants of type, and number and the national and Province provides of charges standard meter levy of charges amount added 1 time times paid Super standard sewage fee.
    (B) in accordance with the provisions of the air pollution prevention law, emissions of pollutants into the atmosphere, according to charges paid the type and quantity of pollutants the emissions.
    (Three) in accordance with solid waste pollution environment control method of provides, on no construction industrial solid waste storage or disposal of facilities, and places, or industrial solid waste storage, and disposal of facilities, and places not meet environmental protection standard of, according to emissions pollutants of type, and number paid solid waste sewage fee; to fill buried way disposal dangerous waste not meet national or province about provides of, according to dangerous waste of type, and number paid dangerous waste sewage fee.
    (D) in accordance with the provisions of the law of prevention and control of environmental noise pollution and noise emissions exceed the national or provincial environmental noise emission standards and disturbing others ' normal lives, work and study, in accordance with the payment of the excess decibels of noise noise excessive sewage charges.
    For motor vehicles, aircraft, ships and other pollution sources not levy waste sewage charges fees for excessive discharge and noise.
    13th polluters from centralized urban sewage treatment facilities sewage disposal and in accordance with the provisions to pay sewage charges, stopped paying the sewage charges over State or province of the prescribed standards for pollutants discharge, paying excessive sewage charges.
    Operating unit for centralized urban sewage treatment facilities sewage charges levied in accordance with the relevant provisions of the State.
    14th sewage charges levied monthly or quarterly localization.
    Administrative Department of environmental protection in accordance with State and provinces to develop standards of sewage charges levied, according to the type and quantity of sewage discharge of pollutants, determine the levy shall pay the amount of sewage charges in designated locations or specify a Media Advisory, served on the polluters pay sewage charges notice.
    15th polluters shall from the date of receipt of the notice of payment of sewage charges in the 7th, fill in the payment book produced by the financial sector, designated by the financial Department of the commercial bank to pay sewage charges.
    Any of the following circumstances, the Administrative Department of environmental protection can be directly collecting sewage charges: (a) without a bank account levy paid in cash, (ii) is not collected on the spot after the difficult collection; (c) in remote, inaccessible areas of sewage to the nominated bank to pay sewage charges is difficult by polluters to apply.
    Direct collection of sewage charges, uniformly printed by the financial Department of the Administrative Department of environmental protection administrative fees charged private bills, and fill out the payment form, will be charged on the day of payment paid to the designated commercial banks.
    16th polluters is not paid within the period specified in the sewage charges, the Department of environmental protection administration fails to pay given to the polluters within 7th day of notice of deadline to pay the sewage charges, and since the late date day 2 per thousand of the amount unpaid sewage charges plus late fee.
    Article 17th subordinate Administrative Department of environmental protection should be collected have not been taxed or less than sewage charges, higher administrative Department of environmental protection has the right to order the correct within or directly order polluters to pay sewage charges.
    Administrative Department of environmental protection on the part of the polluters are not levying the sewage charges according to law if the circumstances are serious, the superior administrative Department of environmental protection may revoke the right to levy the sewage charges, and directly to the levy of sewage charges. 18th commercial banks should receive the sewage charges sewage charges will be on money paid to the State Treasury.
    Treasury departments to 10% over to the Central Treasury, 20% over to the provincial Treasury, 70% pay into the Treasury the same level.
    Provincial environmental protection Administrative Department directly levied sewage charges and land reclamation reclamation of sewage charges, the Treasury Department will be 10% over to the Central Treasury, 90% over to the provincial Treasury.
    19th Administrative Department of environmental protection should be based on general payment back to check the level of sewage charges paid, and payment back to filing together pay a sewage charge of ticket stubs.
    20th polluters with the State Finance Department, Department in charge of price, environmental protection provided by the administrative authorities shall be reduced and the cases of exemption from or postponement of the payment of sewage charges, in accordance with the relevant provisions of the State. Article 21st sewage charges funds into the budget, included in the Special Fund for environmental protection, according to manage earmarks.
    Methods and reporting procedures by the financial departments of the province, in conjunction with the provincial environmental protection administration departments.
    22nd provincial finance departments, the environmental protection administration departments shall, in accordance with national and provincial macro-policies for environmental protection and pollution prevention priorities, the preparation of the next annual environmental protection fund application guide.
    Provincial and municipal environmental protection administration departments, financial departments shall, in accordance with the environmental protection fund application guide, in conjunction with the lower level people's governments determine the annual environmental protection fund focuses on projects for pollution treatment.
    23rd special funds for environmental protection should be given priority for reduction of pollutants, and high scientific and technological content, good economic returns, plays an important role model, as well as cleaner production demonstration project. Failing to pay sewage charges, the financial sector and special funds for environmental protection Administrative Department of environmental protection inadmissible applications.

    24th environmental protection Administrative Department of special funds for environmental protection project on the application at first instance, the financial sector, jointly organized by the Administrative Department of environmental protection expert for project review, selected in accordance with priorities and expert review results sorted, consolidated into project management and financial situation issued by the joint project, assigned by the financial Department of the project budget.
    Special funds allocated for environmental protection in accordance with the relevant provisions of the State. 25th Administrative Department of environmental protection should be based on pollution prevention and control project schedules and check treatment programmes and pollutant emission reduction measures implemented.
    Financial Department of environmental protection should be special funds earmarked for and supervise and check the availability of other matching funds. After using special funds for environmental protection projects are completed, the project unit should be in accordance with the relevant provisions of national and provincial environmental protection administration departments, finance departments apply for acceptance.
    Environmental protection administration departments, financial departments shall, from the date of receiving the application for acceptance within the 30th complete acceptance.
    26th audit institutions should be strengthened on the Special Fund for environmental protection and management audit. 27th polluters in violation of the rules after receiving the notice of deadline to pay the sewage charges not paid overdue charges, payable by the environmental protection administration departments at or above the county level of sewage charges more than 1 time fined not more than three times.
    In serious cases, reported to have the right of approval for approval shall be ordered to stop production or business for rectifications.
    28th polluters by deception, obtaining approved reduction, exemption from or postponement of the payment of sewage charges, above the county level administrative Department of environmental protection ordered ex officio to pay payment of sewage charges and sentenced to obtain approved the reduction, exemption and postponement of the payment of sewage charges 1 time more than three times the amount of a fine.
    29th special funds used for environmental protection is not in accordance with approved the use of special funds for environmental protection, by County and more environmental protection administrative department or according to the terms of reference of the rectification of the financial sector; it fails to ten years shall not apply for the use of special funds for environmental protection, and a diversion of funds 1 time more than three times the amount of a fine.
    30th article County above government environmental protection administrative competent sector, and financial sector, and price competent sector of staff has following behavior one of of, by its where units or about competent sector law give administrative sanctions: (a) violation provides approved reduction paid, and from paid, and sustained paid sewage fee of; (ii) interception, and crowding out environmental protection special funds or will environmental protection special funds moved for he with of; (three) not law perform supervision management duties, on violations not investigation, caused serious consequences of.
    31st article establishes the sewage charges by the Administrative Department of environmental protection projects, develop or increase fees, change the range of fees and charges, departments shall be ordered to correct financial sector and prices at the same level, and be punished in accordance with the relevant provisions of the State.
    Project to establish a sewage charge, make unauthorised or raise fees, change the range of fees and charges, should be refunded.
    32nd article this way come into force on June 1, 2004.
                                                                                                                                Released September 3, 1982 in Heilongjiang province people's Government of the Heilongjiang provincial implementation measures for levying the sewage charges abolished at the same time.