Administrative measures on environmental pollution control facilities operation qualification
(April 30, 2012 the Ministry of environmental protection announced as of August 1, 2012, 20th) directory
Chapter I General provisions
Chapter II application and approval
Chapter III operation management
Supervision and administration of the fourth chapter
The fifth chapter legal liability
The sixth chapter supplementary articles
Chapter I General provisions
The first "purpose" to improve the level of environmental pollution control facilities operation management, maintenance of pollution control facilities operation market order, according to the State Department of administrative examination and approval items really necessary to be retained provisions of the decisions of the establishment of an administrative license, these measures are formulated.
Article "the scope" this regulation is applicable in the People's Republic of China in the field of environmental pollution control facilities operation of activities.
Environmental pollution control facilities operation in these measures refers to paid services specializes in the treatment and disposal of pollutants socialization activities, or others under contracts for both the environmental pollution control facility operations management activities for services rendered.
Article "principles of administrative license" national qualification against environmental pollution control facilities operation.
Units engaged in environmental pollution control facilities operation, shall, in accordance with the provisions of these measures apply for environmental pollution control facilities operation quality and in accordance with the provisions of the certificate of qualification in the environmental pollution control facilities operation.
Qualification units without environmental pollution control facilities operation and shall not engage in environmental pollution control facilities operation.
The fourth "qualification category" classification, hierarchical management environmental pollution control facilities operation quality.
Qualification is divided into environmental pollution control facilities operation of domestic sewage, industrial wastewater, dust removal and desulphurization and denitrification, industrial waste gas, solid waste (excluding hazardous waste), organic waste, garbage, automatic continuous monitoring, and professional categories.
Automatic continuous monitoring the operation of the facility qualification into qualification and interim two levels of qualification, other pollution control facilities operation quality is divided into grade a certificate of qualification, qualification and temporary three-level.
The fifth "regulatory" Environmental Protection Department under the State Council for environmental pollution control facilities operation exercise unified supervision and management, and the provincial environmental protection authorities of the environmental pollution control facility operations management activities for guidance and supervision.
Local environmental protection departments at and above the county level on environmental pollution control facilities operation quality certified units (hereinafter referred to as the holder) and supervise operations.
The sixth "operational training" engaged in environmental pollution control facilities operation of site managers and operators should be in accordance with the provisions of the Environmental Protection Department under the State Council, participating in specialized training and assessment. Environmental Protection Department under the State Council unified environmental pollution control facilities operation of site management and on-site operator training and examination standard.
Provincial environmental protection authorities responsible for environmental pollution control facilities operation management personnel training, assessment and site operators.
Chapter II application and approval
The seventh "application requirements" applying for grade a or grade b qualification of environmental pollution control facilities operation unit, shall comply with the following conditions:
(A) an independent enterprise legal person or legal personality in public institutions;
(B) with specified quantities, with the corresponding professional title of technical personnel, and operation management and field operations personnel;
(C) with more than 1 year continuously engaged in the practice of environmental pollution control facilities operation, and to ensure normal operation of facilities;
(D) have adapted to its operational activities in the environmental pollution control facilities operation quality classification and grading requirements other requirements.
Application for qualification of environmental pollution control facilities operation of temporary units, subject to the preceding paragraph (a), (b) and (d) of the listed conditions.
Specific conditions of environmental pollution control facilities operation quality, environmental protection departments shall be separately formulated by the State Council.
The eighth "Submissions" application for qualification of environmental pollution control facilities operation unit shall make application to the provincial environmental protection authorities of this registration, complete the certificate request form and submit the following materials:
(A) copy of business license of enterprise legal persons or legal person a copy of the certificate of public institutions;
(B) on the annual report on the financial situation of the entity or any other credit;
(C) the technical qualification certificate, environmental pollution control facilities operation of site operations personnel training certificate and a copy of the contract of employment;
(D) laboratory testing or proof of the place and its detection ability;
(E) environmental emergencies contingency plan;
(Vi) the proof of the quality assurance system for standardized operation;
(VII) environmental pollution control facilities operation examples, including project profiles, delegate the operation contract, user comments, commissioned operation project table, qualified unit entrusted operation facilities monitoring report for the period of the contract;
(H) environmental pollution control facilities operation quality grading and classification requirements of other supporting documents.
Applications for provisional qualification of environmental pollution control facilities operation, can be withheld in the preceding paragraph (VII) provision of material.
The Nineth "qualification examination and approval procedures," State Council environmental protection department responsible for environmental pollution control facilities operation qualification examination and approval.
Provincial environmental protection departments handling environmental pollution control facilities operation qualification within 20 working days from the date of the application for review, signature opinion submitted to the State Council environmental protection authorities. Environmental Protection Department under the State Council shall be the receipt of the application materials and signed by the provincial environmental protection authorities within 20 working days of review, according to the decision, and notify the provincial environmental protection authorities.
To qualify, approve it and issued certificate and announce it; do not meet the conditions, were rejected, and explain the reasons.
Application for qualification of environmental pollution control facilities operation, environmental protection departments under the State Council shall, in accordance with the principle of strict control, strict examination and approval.
The tenth ", provisional qualification b approval procedures," provincial environmental protection authorities responsible for environmental pollution control facilities operation qualification and temporary certificate of approval. Provincial environmental protection departments handling environmental pollution control facilities operation of qualification or temporary certificate within 20 working days from the date of the application for review, according to the decision.
To qualify, approve it and issued certificate and announce it; do not meet the conditions, were rejected, and explain the reasons.
Approval of the provincial environmental protection department shall issue the environmental pollution control facilities operation b or temporary certificate of qualification within 30th of, copies of certificates reported to the Environmental Protection Department under the State Council for the record.
Provincial environmental protection authorities environmental pollution control facilities operation qualification requirements should be included in the budget.
11th "verification" provincial environmental protection authorities in environmental pollution control facilities operation qualification application signing or approval process should be organized experts to conduct on-site verification.
Environmental Protection Department under the State Council in the process of approving applications for environmental pollution control facilities operation quality, based on the needs of the applicant and its operation of pollution control facilities for on-site verification.
12th "certificate of qualification" environmental pollution control facilities operation certificate includes the following main elements:
(A) the corporate name, legal representative, business registration or the registration of institutions address;
(B) the operation of the classes and levels;
(C) the term of validity;
(D) the certificate number and date of issuing;
(E) the name, seal of approval Department.
Environmental pollution control facilities operation certificate includes an original and a copy, copy of the original and has the same legal effect. 13th "quality effectiveness" environmental pollution control facilities operation qualification, qualification and provisional national qualification.
Not outside of the conditions provided for in the Environmental Protection Department, qualification approval under any name set preconditions, nor shall charge any fee during the approval process.
Group and have an independent legal personality of the company, shall, in accordance with the regulations, apply to environmental pollution control facilities operation quality.
Environmental pollution treatment facilities the Environmental Protection Department shall not be required to hold unit and branch repeatedly apply for operation of non-independent legal qualification certificate or other similar license. Environmental pollution control facilities operation certificate shall not be transferable.
Forgery or altering pollution control facilities operation qualification certificate.
14th "qualifications validity period and renewal" environmental pollution control facilities operation qualification of grade a and grade b certificate is valid for 5 years, temporary certificate is valid for 2 years.
Certified units in environment pollution control facilities operation qualification or qualification within the validity period of the annual management review, did not violate the provisions of laws and regulations, or in violation of these regulations, qualification before the expiry of 60 days after the original issuing authority for qualifications continued and renewal of certificates. Environmental pollution control facilities operation qualification automatically lapse after expiry of temporary, isn't renewed.
Meet the corresponding requirements, temporary qualification certificate in accordance with this article seventh, eighth of the rules, application for qualification or qualification.
15th "qualification to reapply for" any of the following circumstances, certified unit shall, in accordance with the conditions and procedures as provided herein, the original issuing authorities reapply for environmental pollution control facilities operation qualification:
(A) increased new business professional categories;
(B) Provisional qualification was upgraded to class a qualification or qualification;
(C) the qualification was upgraded to class a qualification;
(D) the certificate expires and is not renewed.
Environmental pollution control facilities operation of temporary certificate expires, upgraded to a class a qualification or qualification conditions are not met, may not reapply for provisional qualification in the same category within 2 years.
16th "quality change" certified unit is divided or merged, or change of corporate name, legal representative, registered address and other matters, should be received within 30th of the new new institution or legal person business license certificate, to the original issuing authority to apply the change, fill in the environmental pollution control facilities operation certificate application form, and submit the following materials:
(A) the changes issued by the administrative departments for industry and commerce business license copy or institution institution legal person certificate issued by the registration authority;
(B) environmental pollution control facilities operation of the original certificate shall be issued certificates and duplicate copies;
(C) unit of divest, merge, should also provide technical personnel professional and technical qualification certificate, on-site operator training certificate and a copy of the contract of employment.
Chapter III operation management
17th "operational requirements" certified unit can be categories in accordance with environmental pollution control facilities operation qualification certificate, environmental pollution control facilities to undertake operations in the whole country.
The 18th article "technology assessment" certified unit before being engaged by an environmental pollution control facilities operation, whether the facility should be equipped with stable operation and discharge necessary for technical evaluation, and in order to enter into a service contract basis.
19th "principal operating contract" certified units engaged in environmental pollution treatment facilities operations and should delegate operations contracts with the client, specify the rights and obligations of both parties.
Certified units shall delegate operational after the contract is signed in the 30th, delegate table operation project completed pollution treatment facilities, and facilities the environmental protection departments at the county level.
20th "requirements for certified unit" certified service providers shall delegate operational terms of the contract and national provisions relating to environmental protection, to ensure normal operation of pollution control facilities to ensure that emissions of pollutants emission standards consistent with national and local regulations to prevent pollution.
The 21st "annual appraisal" certified unit shall, before December 31 in each year for the operation of pollution control facilities operation conditions, undamaged, pollutant discharge standards and secondary pollution control, facility run problem and its improvement plan were in the annual assessment, and fill in the annual report on environmental pollution control facilities operation table.
22nd "run test" provincial environmental protection authorities are responsible for the registration in the administrative areas of the certified unit and operation of projects for pollution treatment facilities annual management review. Certified units shall, before the end of January each year, to place the registration to the provincial environmental protection Department of pollution control facilities operation of the previous year's annual report.
Operating outside the unit registered provincial project, the certified unit shall, at the same time the environmental pollution control facilities operation project annual report copy to local provincial environmental protection authorities.
Provincial environmental protection departments under environmental pollution control facilities operation of annual reports and daily supervision and inspection in the certified assessment conclusion, before the end of March in each year will be certified pollution control facilities operation and evaluation reported to the environmental protection departments of the State Council, and shall be published.
23rd "emergency" certified unit shall together commissioned units, in accordance with the People's Republic of China Law on emergency responses and other relevant provisions, environmental emergencies emergency preparedness, emergency response and subsequent recovery, and so on.
Supervision and administration of the fourth chapter 24th article "run supervision" County above environmental protection competent sector should according to territorial management of principles, will on pollution governance facilities operation activities of management into daily law enforcement regulatory work range, in accordance with about legal, and regulations and this approach of provides, through written check and field verification, way, on holding card units of operation activities for supervision check, and will supervision check situation and processing results be records, by supervision check personnel signed Hou archive; found violations of, ordered its deadline rectification,
Be investigated and dealt with according to law, and inform the pollution control facilities operation qualification certificate Office.
Off-site operation of licensed units when the violations occurred, to environmental protection authorities to investigate and punish violations at the same time, illegal facts and results should be and so on, to the qualification of its pollution control facilities operation inform the issuing authority. 25th article "regulatory measures" environmental protection competent sector perform supervision check duties Shi, except can law take about supervision check measures outside, also can requirements was check of holding card units provides operation qualification certificate original or copy original, and technicians professional qualification certificate copies, and site management personnel and site operation personnel post training certificate, and labor relationship proved, and about operation business of document, and internal management system file, and run detection and run operation records, and facilities run assessment report, material,
And enter into the inspected certified on-site verification unit and is responsible for running the facility.
Environmental protection departments above the county level carry out day-to-day supervision and field verification, and certified unit shall report the operation of facilities, to provide relevant information, must not hinder checks for any reason, not concealing the facts, shall not provide false data and information.
26th "qualification to withdraw" any of the following circumstances, environmental pollution control facilities operation quality certification authority may, based on the interested party requests, reporting, or pursuant to its responsibility to remove environmental pollution control facilities operation of the qualification of the Department:
(A) does not meet the requirements of the unit certificate of approval issued by the pollution control facilities operation;
(B) the violation of environmental pollution control facilities operation qualification examination and approval procedures or beyond the approval decision on approval is made as provided herein;
(C) qualification in environmental pollution treatment facilities of favoritism, fraud in the approval process;
(D) applicants with deception, bribery or other improper means to obtain qualifications of environmental pollution control facilities operation;
(E) it shall revoke the licensing for environmental pollution control facilities operation quality in other circumstances.
Remote operation of documented violations, need to revoke the qualification of environmental pollution control facilities operation, violations of provincial environmental protection authorities can revoke license of to a certification authority.
The fifth chapter legal liability
The 27th "penalties for regulators" staff of the environmental protection departments above the county level, any of the following acts shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) these procedures do not meet the requirements of environmental pollution control facilities operation qualification certificate was issued;
(B) the qualification found to obtain the environmental pollution control facilities operation of units and individuals, allowed to engage in operational activities is not investigated or upon receipt of the report not dealt with according to law;
(Iii) the certified units do not perform duties of supervision and Administration acts in violation of these rules is not investigated or found;
(D) in the environmental pollution control facilities operation quality management work of other negligence, malpractice or abuse of power.
Provincial environmental protection authorities in the environmental pollution control facilities operation quality management work of the acts listed in the preceding paragraph, depending on the seriousness of the environmental protection authorities under criticized.
28th "punishment of the certified unit" of any of the following acts, the environmental protection departments above the county level shall order rectification, fined a maximum of 20,000 yuan and 30,000 Yuan:
(A) the delegate does not have operational qualification of operating units to an environmental pollution control facilities;
(B) without qualification, without engaging in environmental pollution control facilities operation;
(C) beyond the scope of certificate licenses to engage in the environmental pollution control facility operations;
(D) certified unit without modifying the original data, providing false information;
(V) holders submitting false annual reports on environmental pollution control facilities operation;
(Vi) forging, altering, transferring operating certificate or in the process of applying for certificate to deception.
Certified units with subparagraph (c), (d), (e), (f) provision of acts and the circumstances are serious, or steal discharge, abnormal operation of serious environmental violations, pollution control facilities, issuing authority should recover its qualification certificate for environmental pollution control facilities operation.
In accordance with this regulation are recovery of qualification certificate for environmental pollution control facilities operation, not to reapply in 3 years.
The sixth chapter supplementary articles
Article 29th "enterprises equal terms" foreign-invested enterprises shall, in accordance with the regulations applied for environmental pollution control facilities operation quality, with the permission of People's Republic of China engaged in the environmental pollution control facilities in operation.
Article 30th "special facilities" engaged in the collection, storage and disposal of hazardous waste management activities shall be in accordance with the provisions of the regulation on hazardous waste operating permit, applying for hazardous waste operating permit, these procedures do not apply.
The 31st "file format" following the format and content of the file shall be formulated by the competent Department of environmental protection provides that:
(A) environmental pollution control facilities operation qualification certificate;
(B) environmental pollution control facilities operation certificate application form;
(C) environmental pollution treatment facilities operating certificate change request form;
(D) the annual report on environmental pollution control facilities operation;
(E) environmental pollution treatment facilities commissioned project application form;
(F) pollution control facilities operations-job training and examination certificates. The 32nd "execution date" these measures shall take effect on August 1, 2012. Originally released by the State environmental protection administration on November 8, 2004, the environmental pollution control facilities operation management of qualification (State environmental protection administration, 23rd) repealed simultaneously.
