Pollution Prevention Facilities In Henan Province Supervision And Administration

Original Language Title: 河南省环境污染防治设施监督管理办法

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Pollution prevention facilities in Henan province supervision and administration

    (Henan provincial executive meeting of the 15th November 6, 2013 by people's Government of Henan province, on November 15, 2013 to 157th, published since December 15, 2013) first in order to strengthen the environmental pollution control facilities (hereinafter referred to as installations) the supervision and management to ensure it runs smoothly and effectively, pollutant emissions, in accordance with national laws and regulations on environmental protection, combined with the facts of the province, these measures are formulated.

    Article installations in these measures refers to combat environmental pollution and other public hazards of construction process (disposition), storage, purification and control facilities, including the comprehensive utilization of wastes and pollutants concentrate (disposal), and environmental emergency facilities, as well as support of the monitoring device.

Third article this regulation is applicable in the province within the administrative area of supervision and management of facilities.

    Supervision and management of radiation and electromagnetic radiation pollution prevention facilities these measures shall not apply.

    The fourth people's Governments above the county level shall arrange for municipal wastewater, solid waste and other facilities for Central treatment of project construction, improve the Administration centralized urban sewage and garbage treatment rate.

    The fifth article of any units and individuals have the obligation to protect installations, and the right to destroy or arbitrarily shut down, dismantle, idle and not normal use impeach or accuse any unit and individual installations.

    Sixth people's Governments above the county level shall integrate facilities management as an important part of the target responsibility system for environmental protection, and to take effective measures to protect administrative areas, the pollutant emission control requirements.

Seventh environmental protection authorities are responsible for the people's Governments above the county level to exercise unified supervision and management of prevention facilities in their respective administrative areas, environmental monitoring agency to which he belongs shall be responsible for supervision and management of prevention and treatment facilities.

Housing and urban-rural construction of the people's Governments above the county level (city administration, municipal) departments should be strengthened within the administrative area of urban sewage, garbage and focus on supervision and control over operation of the facility.

    Reform of the people's Governments above the county level development, water conservancy, agriculture, health, industry and information technology sectors in accordance with their respective responsibilities, facilities supervision and administration in accordance with law.

Article sewage construction units shall appropriate installations, installations (disposal) should satisfy the polluter pollution emissions (disposal).

Pollutant discharging unit shall, in accordance with national or provincial provisions establishing standardized emissions, and supporting the installation of pollutant concentration and volume metering device, and monitor device, especially sewage waste disposal (disposal) facilities should be to separate water, gas, electricity measurement, key sites should be set up video surveillance devices.

    Key risk sources enterprise shall build environment emergency facilities, key risk sources of poisonous and harmful air pollutant enterprises should install toxic and hazardous gas monitoring and early warning facilities.

Ninth units must protect installations stable and effective operation, discharge of pollutants in accordance with national and local discharge standard of pollutants, total control and approval of the environmental impact assessment documentation requirements, and shall comply with the following requirements:

(A) establishing responsibility, installations procedures and operation management system, emissions monitoring and reporting system;

(B) full-time or part-time control of facilities management and operations personnel;

(C) prevention and treatment facilities should be synchronized with the production facilities produce pollutants running, the same care and maintenance;

(D) the storage and landfilling of solid waste facilities, should take measures to prevent the scattering, loss prevention, leakage prevention measures;

(E) focus units according to law to monitor pollutants, fill installations operating records, archives, public monitoring results;

    (Vi) develop environmental emergency preparedness, improve the plans for the disposal system, emergency drills are regularly organized, improve emergency response capabilities.

Article units can run installations (disposal) contaminants may also entrust qualified units run installations (disposal) of pollutants.

    Running installations of Hong Kong units commissioned (disposal) of pollutants, trust agreement shall be signed, specify the rights, obligations and responsibilities of both parties.

11th units must keep installations normally use, it may not shut down, dismantled, idle or irregular use of their facilities. Units it is necessary to shut down, dismantle and idle installations shall apply in writing to the local environmental protection department. Environmental protection departments shall from the date of receipt of the application, written decision to the 10th.

    Does not agree with the decision, it shall explain the reasons; overdue decision, agrees.

12th close, dismantle, idle control facilities shall specify the following:

(A) basic conditions of installations;

(B) closed, the main reason for removal, idle;

(C) after closure, demolition, idle, pollutant type, quantity, concentration, destination, and potential impact on the environment, plans to take measures to control or reduce the discharge of pollutants, and the expected results;

    (D) to reinstall or restore using time. 13th installations due to maintenance or emergency stops, units must take effective measures to prevent total more than national or local standards, emission control requirements, and immediately report to the local environmental protection department.

    Pollutants may cause serious pollution to adjacent parts of the environment, should be informed in a timely manner may result in pollution and residents.

14th units have one of the following is deemed not normal use of installations:

(A) dealing with pollutant without installations (disposal) discharged into the environment;

(B) violation of rules using installations, or not complying with the provisions to check and repair, installations not functioning properly;

(C) altering the location of vents and monitoring device;

(D) in non-emergency situations the emergency drain of pollutant from installations into the environment;

(V) dilution means discharge of pollutants;

(Vi) in pollutant treatment facilities failed no trouble immediately after discharge of pollutants;

(VII) failing to deposit solid waste in solid waste treatment and storage facilities or in excess of the prescribed time limit,-capacity storage of waste;

    (H) installations should not normally used in other circumstances.

The 15th unit or individual under any of the following circumstances, or an environmental protection authority to recognize or reward the people's Governments at all levels:

(A) the outstanding facilities supervision and management;

(B) for installations of major innovations in technology, transformation and benefits;

    (C) the unauthorized closure, demolition, idle and not report the environmental pollution caused by the normal operation of installations contributed.

    16th acts in violation of these rules, laws and regulations on administrative penalties from its provisions.

    17th units in violation of these regulations the Nineth provides that failure to fulfil obligations, by the people's Governments above the county level rectification of environmental protection authorities; it fails, fined a maximum of 1000 Yuan and 10,000 yuan.

    18th article violates this article approaches its tenth, will be entrusted to the unit with no qualification of pollutants (disposal), rectification by the people's Governments above the county level environmental protection authority, and may be fined a maximum of more than 10,000 yuan to 30,000 yuan.

    19th disobey the 11th article, belongs to the noise prevention facilities, the people's Governments above the county level by the Environmental Protection Department ordered corrective action and fined a maximum of 3000 Yuan and 30,000 yuan.

    20th disobey the 13th article should inform the report, inform the unreported, and by the people's Governments above the county-level environment protection authorities fined 1000 Yuan and 10,000 yuan fine. 21st at a higher level of environmental protection authority to subordinate environmental protection authorities supervise the implementation of these measures, to correct its illegal or improper administrative action according to law.

    Superior environmental protection authorities have the right to investigate and deal with subordinate environmental protection authorities jurisdiction over a case, except as otherwise provided by laws and regulations.

    22nd units in violation of this regulation, subject to administrative punishment, does not exempt shall be liable to pay the sewage charges, remove, damages or other liability.

    23rd damaged installations, obstruction of environmental supervision and management duties, retaliate against or environmental supervision and management, as well as units and individuals, in violation of the People's Republic of China Law on administrative penalties for public security, dealt with by the public security organs in accordance with the case constitutes a crime, criminal responsibility shall be investigated according to law.

    24th environmental protection supervisory and management personnel in violation of these regulations, abuses, favoritism and neglectful of by their work units or by the competent authority depending on the seriousness of administrative sanction constitutes a crime, criminal responsibility shall be investigated according to law. 25th article this way come into force on December 15, 2013. 52nd on January 11, 1999 the provincial Government promulgated and implemented the measures for the supervision and administration of pollution prevention facilities in Henan province abolished at the same time.