Environmental Pollution Prevention And Control In Hebei Province Supervision And Administration

Original Language Title: 河北省环境污染防治监督管理办法

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(On January 7, 2008 Hebei Province Government 93rd times Executive Conference considered through on February 14, 2008 Hebei Province Government makes [2008] 2nd, announced since on March 1, 2008 up purposes) first article for strengthening on pollution control of supervision management, protection and improved environment, maintenance public of environment interests, promote province economic social of full, and coordination and sustainable development, according to environmental protection legal, and regulations of about provides, combined this province actual, developed this approach.
    Second this approach applies to the supervision and administration of environmental pollution prevention and control within the administrative area of the province.
    Supervision and administration of prevention and control of marine environmental pollution, radiation and electromagnetic radiation, these procedures do not apply.
    The third people's Governments above the county level and their departments are in charge of the administrative area and the responsibility of environmental pollution prevention and control of the system.
    The people's Governments above the county level shall establish accountability system for environmental pollution control, development of the term pollution prevention targets and annual implementation plans, and pollution control and environmental quality improvement as an important content for the performance evaluation of leading cadres.
    The fourth people's Governments above the county level shall, in each year's budget, arrangements for pollution prevention regulatory requirements, security supervision and administration of environmental pollution prevention and control, and the establishment of the Government, enterprises and social diversity of the investment and financing mechanism for environmental protection, and encourage and guide social capital to participate in pollution prevention and control inputs.
    Fifth environmental protection Administrative Department of the people's Governments above the county level shall be responsible for the administration of exercise unified supervision and management of prevention and control of environmental pollution.
    People's Governments above the county level responsible for environmental protection agency of the Department of environmental protection, law implementation supervision and management responsibilities within the scope of pollution prevention.
    Development and reform, the people's Governments above the county level financial, planning, construction, industry and commerce administration, land resources and water conservancy departments in accordance with the regulations of the duties, is responsible for the supervision and management work related to pollution prevention.
    People's Governments at the township level (Street) should be staffed with full-time or part-time manager of environmental protection, and strengthen supervision and inspection of environmental pollution prevention and control.
    Sixth article of the province's total emissions of major pollutants controls system.
    City divided into districts and the County (city, district) people's Governments and upper-level people's Governments signed the total discharge of major pollutants control of goal responsibility requirements, administrative areas of control and reduction of the total emissions of key pollutants and emissions control targets specific decomposition into units.
    Over the total discharge of major pollutants control area, the relevant administrative authorities shall suspend approval of new construction projects of the total discharge of major pollutants. Seventh area of serious pollution of the people's Governments above the county level shall be determined for the environmental protection of key regulatory areas, and focused on the areas of environmental management objectives.
    Does not meet the goal of environmental governance of key regulatory areas, no examination or approval by the administrative department concerned the construction, renovation or expansion projects that increase of total amount of pollutants.
    The eighth article listed in the national directory of classified management of the construction project environmental protection, renovation or expansion projects shall make the environmental impact evaluation. Construction of the provisions of the preceding paragraph after the completion of the project needs to go through the registration procedure, should be submitted to the Administrative Department for industry and commerce in accordance with approved environmental impact assessment documents.
    Without environmental impact assessment and environmental impact assessment reports have not been approved, administration for industry and commerce shall not handle the registration formalities.
    Nineth approve environmental impact assessment provisions of the need for pilot or pilot projects, whose construction unit in front of the pilot production or trial operation, shall report to the local administrative Department of environmental protection.
    During the trial production or trial operation period, supporting construction should be put into use simultaneously with the principal part of the project of construction of environmental protection facilities and to implement the environmental impact assessment documentation and related environmental protection measures under the project design document.
    Employer shall project trial production or within 3 months from the date of commissioning, to approve the environmental impact assessment environmental protection Administrative Department of the application of construction project completion and acceptance of environmental protection facilities.
    Article pollutant discharging unit shall obtain a permit and emission permit emission of pollutants.
    Type of emission permits should be allowed emission of pollutants, quantities, concentrations, emission standards and emission pollution control requirements.
    Discharge permit issued by the scope and procedures in accordance with national and provincial regulations.
    11th article sewage units should guarantee pollutants processing facilities of normal using, shall not used following way using pollutants processing facilities and to environment emissions pollutants: (a) will without processing over provides standard of pollutants directly row into environment or from pollutants processing facilities row into environment; (ii) in non-emergency situation Xia will pollutants from pollutants processing facilities of emergency emissions valve row into environment; (three) unauthorized stop using or violation operation using pollutants processing facilities;
    (D) pollutant treatment facilities not trouble immediately after the failed emissions; (e) violation of water process means dilution of pollutants discharge of water pollutants.
    12th polluter into the environment or urban sewage, industrial sewage treatment facilities discharging pollutants, shall not exceed the standards prescribed by the national and provincial emissions.
    Municipal sewage, industrial sewage treatment facilities operating units discovered nanotubes when water quality shall promptly report to the local administrative Department of environmental protection, construction and other related sectors, and to take effective measures to prevent the total effluent discharge standard.
    13th units can and shall obtain the corresponding qualification unit signed an agreement, entrust it to dispose of pollutants or operation of pollution control facilities, and from the date the agreement is signed in the 7th report to the local administrative Department of environmental protection records.
    Pollutant discharging units shall not delegate did not obtain qualified units and individuals on behalf of disposal of pollutants or operation of pollution control facilities. 14th units should be automatically required to install emission control equipment, and ensure the normal operation. Automatic monitoring equipment may be supplemented, removed or damaged.
    Automatic monitor device failure, units should be repaired immediately.
    Administrative Department of environmental protection units automatic monitoring device should be incorporated into environmental pollution monitoring systems in the province, and the device can be achieved by monitoring bodies to verify monitoring data as a basis for environmental law enforcement. 15th units shall establish the pollution control facilities operation management account.
    Account shall specify the pollution control facility the main parameters and the operation, maintenance and sewage units of emissions of pollutants. 16th units used for production and operation of the premises, facilities, equipment leasing or contracting to others, should be specified in the lease, contract agreement obligation of pollution prevention.
    Not agreed, borne by the unit for rental, letting pollution control duties.
    No units or individuals must not be capable of producing serious pollution of the production and business operation activities in the production premises, equipment or facilities.
    Urban built-up area within the plan belongs to the residential housing shall not be converted or leased to others as to noise, vibration, smoke, dust, odor eating, entertainment industry and business activities.
    17th environmental protection administration departments at or above the county level shall be in accordance with national and provincial regulations, organizing the implementation of trans-border rivers section of water environmental quality monitoring, and timely reporting of monitoring results of the local government and environmental protection Administrative Department of the people's Governments at a higher level.
    Sections of the River Junction adjacent administrative areas of the people's Governments above the county level shall establish and improve the coordination mechanism for water pollution control and take effective measures to ensure water safety. Section at the junction of the river's water quality does not meet the province's control indexes of adjacent administrative areas of county-level people's Governments should be resolved through consultation.
    Through consultation and submitted to the common higher level people's Government to solve. 18th environmental protection Administrative Department can make on-site inspections of the units according to law.
    On-site inspection can be carried out on-site monitoring, collecting samples, check out the information and found that units caused, or is likely to cause severe environmental pollution case, the contaminant-related goods temporarily, sequestration measures. Temporary suspension or sequestration measures, environmental protection Administrative Department shall make a written decision and issue a temporary suspension or list of mothballed facilities, goods, and the signatures of the parties.
    Parties are not on site or refuse to sign, the Administrative Department of environmental protection shall indicate on the list of staff. Temporary suspension or period of sequestration measures are generally not later than 30th. Complex, approved by the head of the Administrative Department of environmental protection can be extended, and shall inform the parties, be extended by a period not later than 30th.
    Administrative Department of environmental protection on the same subject with the same subject matter may be taken again if withholding or storage means the extension of the measures.
    Environmental protection Administrative Department shall withhold or sealed during processing decision on discharge units.
    To temporary suspension or mothballed facilities, goods shall keep, shall not use or destroy.
    19th units have one of the following circumstances, the people's Government above the county level and the Administrative Department of environmental protection shall state permission to order the set time limit, and the province: (a) the emissions exceed the national and provincial emissions standards, (ii) emission control aggregate emissions of major pollutants in excess of the prescribed; (c) the discharge of pollutants is causing serious pollution to the environment.
    During a prescribed period, emissions limiting, limiting or other measures should be taken, emissions of pollutants emissions requirements set by decision time limit, and not new construction, renovation or expansion projects can increase the total discharge of major pollutants. Prescribed period of time generally does not exceed a period of 12 months.
    After the expiry of the time limit or time limit is completed, make a prescribed period of time decided above the county level people's Government or Administrative Department of environmental protection enterprises and effect should be check.
    20th people's Governments above the county level and the Administrative Department of environmental protection shall, in accordance with national and provincial regulations, disclosure of environmental information, safeguard the public's right to environmental information and supervision on environmental protection work, encourage and support public participation in the environmental pollution control and social supervision. Administrative Department of environmental protection in the local media regularly released pollutants exceeding emissions or pollutant discharge quantity exceeds the specified indicator list of heavily-polluting enterprises.
    Included in the list of heavily-polluting enterprises enterprises shall, in accordance with the provisions of environmental protection Administrative Department under the State Council, announced major pollutant emissions, subject to public supervision.
    21st people's Governments above the county level shall develop environmental emergency plans, establishing environmental emergency system and emergency response mechanisms. May cause significant environmental pollution accidents unit shall develop pollution accident emergency plan, and to report to the local administrative Department of environmental protection records.
    May cause significant environmental pollution accident unit list, prepared by the provincial departments of environmental protection administration authorities and released. Environmental pollution accidents occurred, units should be immediately to the local people's Government and the Administrative Department of environmental protection, and other related reports, and provides for prompt emergency handling.
    Environmental pollution accidents could endanger the safety of public life and health and property in the surrounding area, pollutant discharging unit shall immediately inform relevant units and individuals in the surrounding area.
    22nd article environmental protection administrative competent sector and other about administrative competent sector of staff has following behavior one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) violation environmental protection legal, and regulations and regulations provides, appeared major decision errors, caused environment serious pollution of; (ii) illegal implementation administrative license, and administrative punishment of; (three) on illegal sewage behavior investigation poor or shield, and condoned illegal sewage behavior of;
    (D) environmental incident happens not to perform their duties, resulting in serious consequences, (v) other acts of dereliction of duty, abuse of authority or engages in.
    23rd violates these rules, any of the following circumstances, be ordered by the Administrative Department of environmental protection to stop violations and illegal income, impose illegal gains more than 1 time fined not more than three times; no illegal gains and fined 5,000 yuan and 10,000 yuan fine in serious cases, ordered to clean up: (A) by environment effect evaluation approved file of provides need for try production or try run of construction project of units in try production or try run Qian not to local environmental protection administrative competent sector report of; (ii) sewage units not law made sewage license of; (three) for can produced serious pollution of production business activities provides production business places or facilities, and equipment of; (four) will town built district within by planning belongs to residents residential of housing modified for or rental to others as can produced noise, and vibration
    , Soot, dust, odor eating, entertainment industry business activity, and (v) units during the time limit emissions of pollutants did not meet emissions requirements for a prescribed period of time established by a decision of.
    State-owned enterprise or institution of any of the circumstances set forth in the preceding paragraph, except in accordance with the provisions of the preceding paragraph shall be punished, but to its head and persons directly responsible shall be given administrative or disciplinary action.
    24th article violates these rules, People's Republic of China Law on air pollution prevention and control, the People's Republic of China water pollution prevention law, and of the People's Republic of China environmental impact assessment law and the construction project environmental protection regulations and other laws and administrative regulations on administrative penalty otherwise provided, from its provisions.
    25th article hinder environmental protection staff from performing their duties or during processing of the environmental disputes and sedition, and gang fighting or illegal restriction of personal freedom, constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security administrative penalties for public security.
                                                  26th article of the rules take effect on March 1, 2008.

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