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Sewage Charges Levy Regulation

Original Language Title: 排污费征收使用管理条例

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(January 30, 2002 adopted at the 54th Executive meeting of the State Council on January 2, 2003 People's Republic of China promulgated as of July 1, 2003, promulgated by Decree No. 369) Chapter I General provisions article in order to improve the sewage collection, use, management, this Ordinance is enacted.
    Article direct discharge of pollutants into the environment the unit or individual (hereinafter referred to as sewage), shall, in accordance with the provisions of this Ordinance to pay sewage charges. Polluters from centralized urban sewage treatment facilities sewage, to pay sewage charges, stopped paying the sewage charges.
    Sewage built industrial solid waste storage or disposal facilities and grounds and in accordance with environmental protection standards, or its industrial solid waste storage or disposal facilities or places adapted in line with the standards of environmental protection, from the date of completion or renovation completed, quit paying sewage charges. Countries actively promoting the industrialization of urban sewage and garbage treatment.
    Central treatment of urban sewage and garbage fees separately.
    The third people's Governments above the county level responsible for environmental protection sector, the financial sector, price departments shall, in accordance with their respective responsibilities, strengthen guidance to the sewage fee collection, use, management, and supervision.
    Sewage charge levied under article IV, the use must be strictly implemented, "two lines of income and expenditure", levying sewage charge shall be turned over to the financial, law enforcement requirements included in the budget of the Department of environmental protection, 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, have the right to report, complaints and complaints.
    Chapter II emission categories, number of approved article polluters should be in accordance with the provisions of environmental protection Administrative Department under the State Council, declared to the local environmental protection Administrative Department of the people's Government at or above the county level emission type, quantity, and provide relevant information.
    Seventh local environmental protection Administrative Department of the people's Governments above the county level shall, in accordance with environmental protection Administrative Department under the State Council authorized permission of sewage discharge of pollutants by variety and quantity of approved.
    The number of installed capacity of 300,000-kilowatt per cent of the sulphur dioxide emissions from electric power enterprise, the people's Governments of provinces, autonomous regions and municipalities directly under the approved by the Administrative Department of environmental protection.
    After approved, the type and quantity of pollutants emissions, by approval of the Administrative Department of environmental protection is responsible for pollutant discharge notice polluters.
    Article approved for pollutant emissions of sewage type, quantity has objections, 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.
    Nineth responsible for pollutant emissions approval of the Administrative Department of environmental protection approved emission types, quantities, monitoring conditions, according to the environmental protection Administrative Department under the State Council approved the monitoring methods; does not have the monitoring conditions, according to the environmental protection Administrative Department under the State Council approved the material balance method.
    Article polluters using compulsory examination set by the State of monitoring of automatic monitoring instrument on pollutant emission of pollutants, the monitored data as a basis for approved type, quantity of pollutant emissions.
    Polluters install emissions monitoring instrument, it shall verify on a regular basis.
    Chapter III levying of sewage charges 11th State Council Department in charge of price, Finance Department, Administrative Department of environmental protection, and economic and trade authorities, according to the needs of industrial development of pollution control, pollution control requirements and the capacity of economic and technical conditions as well as polluters, develop national standards for sewage charges levied.
    Countries collecting fees not specified in standards, Governments of provinces, autonomous regions and municipalities can establish their local sewage charge is imposed by the standard, and reported to the Department in charge of price under the State Council, the financial sector, the Administrative Department of environmental protection, and economic and trade departments.
    Sewage charge is imposed by the revision of the standard, implementation of the notices system.
    12th polluters should pay sewage charges in accordance with the following provisions: (a) provisions under the control of air pollution, the marine environment protection law, discharging pollutants into the atmosphere, oceans, according to pollutant types, quantity payment of sewage charges.
    (B) in accordance with the provisions of the water pollution prevention law, discharging pollutants into the water body, discharge pollutants according to type and quantity to pay sewage charges to discharge pollutants exceed the national or local standards, according to pollutant types, double payment of sewage charges.
    (Three) in accordance with solid waste pollution environment control method of provides, no construction industrial solid waste storage or disposal of facilities, and places, or industrial solid waste storage or disposal of facilities, and places not meet environmental protection standard of, according to emissions pollutants of type, and number paid sewage fee; to fill buried way disposal dangerous waste not meet national about provides of, according to emissions pollutants 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, environmental noise pollution exceeds national standards for environmental noise, according to emit noise exceeding sound levels to pay sewage charges.
    Polluters pay sewage charges, does not exempt from pollution, pollution damage compensation responsibility and other responsibilities stipulated by laws and administrative regulations.
    13th responsible for pollutant emissions approval of the Administrative Department of environmental protection should be based on the sewage charge is imposed by the standard type, quantity of pollutants and sewage discharge to determine the levy shall pay the amount of sewage charges and shall be published.
    14th sewage charge amounts determined, by approval of the Administrative Department of environmental protection is responsible for pollutant discharge notice served on the polluters pay the sewage charges. Polluters should be from the date of receipt of the notice of payment of sewage charges in the 7th, to a specific commercial banks to pay sewage charges. Shall, in accordance with the ratio of commercial banks will receive the sewage charge respectively handed over the Central Treasury and local coffers.
    Specific measures by the financial Department of the State Council in conjunction with the competent administrative Department of environmental protection.
    15th polluters suffered heavy economic losses due to force majeure, you can apply for half pay sewage charges or exemption from sewage charges.
    Levy for failing to take timely and effective measures, polluting, shall apply for a half pay sewage charges or exemption from sewage charges.
    Sewage charge reduction, exempt specific measures shall be formulated by the financial sector and the Department in charge of price under the State Council in conjunction with the competent administrative Department of environmental protection.
    16th polluters because of special difficulties not to pay sewage charges, from the date of receipt of the notice of payment of sewage charges in the 7th, you can apply to departments of environmental protection administration issued payment orders payment of sewage charges; environmental protection Administrative Department shall, from the date of receipt of the application within the 7th, written decision expires no decisions, agrees.
    The time limit for the payment of sewage charges is not longer than 3 months.
    17th approved reduction, exempt from list of polluters, slow-paying sewage charges by the Department of environmental protection administration for accepting applications in conjunction with the financial sector, price authorities shall be published, notices shall indicate the approved the reduction, exemption and the main reason of the payment of sewage charges.
    18th the fourth chapter of sewage charges sewage charges must be included in the budget, included in the Special Fund for environmental protection management, funding or loan is mainly used for the following items: (a) focus on pollution prevention, (ii) regional pollution prevention; (c) the pollution prevention and control, new technology development, demonstration and application of new technologies, (iv) other pollution prevention projects under the State Council.
    Specific measures for use by the financial Department of the State Council in conjunction with the Department of environmental protection administration developed consultation with the other relevant departments.
    19th the people's Governments above the county level shall finance department, Administrative Department of environmental protection on the use of special funds for environmental protection should be strengthened management and oversight.
    According to the 18th of the regulation requires the use of special funds for environmental protection units and individuals must be used according to the approved uses.
    Local people's Governments at or above the county level financial departments and quarterly by the Administrative Department of environmental protection of the people's Government, the higher the financial Department and the Administrative Department of environmental protection within the administrative area of the environmental protection funds and management.
    20th audit institutions should be strengthened on the Special Fund for environmental protection and management audit.
    Fifth chapter 21st polluters are not in accordance with the penalty of paying sewage charges, local people's Governments at or above the county level shall ex officio by the Administrative Department of environmental protection ordered to pay overdue for refusing to pay, needed to pay sewage charges by 1 time more than 3 times the amount of a fine, and submitted to the approval authority for approval shall be ordered to stop production or business for rectifications.
    22nd polluters by deception, obtaining approved reduction, exemption from or postponement of the payment of sewage charges, local people's Governments at or above the county level shall ex officio by the Administrative Department of environmental protection ordered to pay shall pay the sewage charge, and premises to obtain approved the reduction, exemption and postponement of the payment of sewage charges 1 time more than 3 times the amount of a fine.
    23rd special funds used for environmental protection is not in accordance with approved the use of special funds for environmental protection, the people's Governments above the county level responsible for environmental protection departments or according to the terms of reference of the rectification of the financial sector; it fails, shall not apply for the use of special funds for environmental protection within 10 years, and misappropriation of funds at 1 time more than 3 times the amount of a fine.
    24th is imposed by the local environmental protection Administrative Department of the people's Government at or above the county level shall not impose 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.
    25th article County above government environmental protection administrative competent sector, and financial sector, and price competent sector of staff has following behavior one of of, in accordance with criminal on abuse crime, and negligence crime or misappropriated public funds crime of provides, law held criminal; is enough criminal punishment of, law give administrative sanctions: (a) violation this Ordinance 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;
    (C) does not execute supervisory and management responsibilities in accordance with the provisions of this Ordinance, the violation is not investigated, resulting in serious consequences. Sixth chapter supplementary articles the 26th article of the regulations come into force on July 1, 2003. Interim measures for levying the sewage charges promulgated by the State Council on February 5, 1982 and July 28, 1988, issued by the State Council of the interim measures for the paid use of pollution abatement fund abolished at the same time.