Administrative Measures On Environmental Protection In Zhejiang Province

Original Language Title: 浙江省建设项目环境保护管理办法

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(December 15, 2003, Zhejiang Province people's Government announced 166th) Chapter I General provisions article as prevention, control of adverse environmental effects of the project, to promote economic and social development, in accordance with the People's Republic of China environmental impact assessment law, the construction project environmental protection regulations and other laws and regulations, these measures are formulated.
    Article in the province within the administrative area of building construction projects that have an impact on the environment, these measures shall apply.
    Marine environmental protection of construction projects management, in accordance with the People's Republic of China Law on marine environmental protection regulations.
    Third construction projects in these measures refers to fixed assets investment for development and construction projects, including industrial and infrastructure construction projects, real estate, dining, entertainment, travel and other non-industrial construction projects, as well as various regional development projects.
    Fourth units or individuals engaged in activities related to construction projects, shall comply with the construction project environmental protection laws, regulations, rules and regulations, implementation of cleaner production, to prevent or minimize the adverse impact on the environment, improve recovery because construction activity damages the environment.
    Units or individuals engaged in activities related to construction projects, construction activities to the State, citizens, legal persons and other organizations, environmental interests, shall be compensated or compensation.
    Units or individuals engaged in activities related to construction projects, construction projects should be strengthened around the construction of greening and environmental hygiene, pay attention to the aesthetic appearance of the construction project design and protection of historical and cultural and natural heritage, local traditional style and natural and cultural landscape. V article new, and alterations, and expansion, and relocation and the technology project should comply with following provides: (a) location meet land using general planning, and city general planning or village construction planning, and meet environment function Division requirements; (ii) meet national and the this province industry policy; (three) meet clean production requirements; (four) emissions pollutants not over national and this province provides of pollutants emissions standard; (five) in implementation pollutants emissions total control regional within of construction project, must implementation pollutants emissions total control requirements
    (Vi) environmental impact of the construction project must be consistent with environmental function Division and uncertain environment, where the quality requirements of the project.
    Sixth in important ecological function and the laws, statutes, rules and regulations of the other specific areas, prohibition of the construction of environmental pollution and ecological damage and significant landscape projects; around the important ecological functions, limit construction projects likely to damage the quality of the environment and capabilities.
    Seventh people's Governments above the county level can be based on the practical needs of environmental protection, decided that at its sixth location-specific prohibition of the construction of the article outside the region could seriously affect the environment of the project.
    Article eighth Department responsible for environmental protection departments at all levels to exercise unified supervision and management of construction project within the area of environmental protection.
    At all levels of planning, trade, construction, planning, land and resources, business, traffic, water, marine, agriculture, tourism, and other administrative departments, shall, in accordance with their respective responsibilities, to do the construction project environmental protection work.
    People's Governments at all levels and relevant competent administrative departments shall not approve do not meet environmental protection laws, regulations, rules and regulations and the requirements of the eco-province construction in construction projects.
    The Nineth Department responsible for environmental protection departments at all levels and the departments concerned, shall establish and improve the system of open Government, clear the contents of the construction project environmental protection law enforcement, responsibility, standardize law enforcement procedures, strict and fair law enforcement.
    Environmental impact assessment the tenth chapter construction units should be in front of the design of construction projects, according to the state-mandated environmental impact evaluation of construction project management directory (hereinafter referred to as classification list) in preparing the environmental impact statement or environmental impact report form, or fill in registration forms of environmental impact (hereinafter referred to as environmental impact assessment document). Classification types not listed in the list of construction projects, the construction unit shall declare to the right of approval of the Administrative Department of environmental protection.
    Environmental protection Administrative Department shall, in accordance with national and provincial regulations to determine the type of evaluation and notify the owner of the construction project.
    11th article should prepare environmental impact reports or the construction project environmental impact report, the construction units before the implementation of environmental impact assessment, preliminary construction project location, project outline and possible effects on the environment to the Administrative Department of environmental protection, where a brief description of the project, and advice.
    Administrative Department of environmental protection under the proposed project contents, characteristics and the approach set forth in fifth to seventh, and provide comments to the employer; veto of proposed project, should be advised in writing.
    The 12th economic and technological development zones, development zones, tourism resorts, special industrial zone and other construction projects in the Park, can use the parks environmental impact assessment in environmental impact assessment information or fill in file, the zone file already contains the content of environmental impact assessment, can be simplified.
    13th environmental impact report, environmental impact reports commissioned by the employer with the corresponding legal qualification of environmental impact assessment of technical service providers (hereinafter referred to as environmental impact assessment agencies) in environmental investigations on the basis of technical specifications in accordance with the national environmental impact assessment system.
    No unit or individual may for the construction units to specified environmental impact assessment agencies.
    14th on the environment which may have a significant impact, should prepare construction project environmental impact statement, public surveys should be carried out in the implementation of environmental assessment processes, and to seek the views of relevant experts.
    Shall prepare environmental impact reports or fill in registration forms of environmental impact of construction projects and environmental impact assessment agencies, the construction unit shall receive public inquiries of the construction project, to accept reasonable opinions and suggestions on environment. 15th article units should in environment effect report book approval zhiqian, through media or other way, in construction project environment effect by and the range within announcement following content, and since announcement of day up 7th within, for public provides query, and check out service: (a) construction units name, and statutory representative people, and units location, and contact way; (ii) construction project of nature and the content; (three) construction project locations and around profile (text and the drawings description); (four) construction project produced of main pollutants type and emissions volume
    , Possible environmental impact, pollution prevention and control measures to be taken; (e) approve the construction project environmental impact report of the Administrative Department of environmental protection and its contact information. Units ' needs according to public surveys, feasibility study meeting, organized the hearing.
    The employer prior to the meeting, should be released through the media or other means of meeting notices and invited social organizations, research institutions, relevant environmentally sensitive area management bodies, schools, village (neighborhood) committees (Community Board) and other units of the representatives. Public views on the environmental protection of construction projects, it should be since the date of the announcement or a feasibility study meeting, 10th to submit to the employer within days of hearings.
    Public opinion can be another CC is responsible for the approval of the Administrative Department of environmental protection.
    16th construction should summarize public comment in a timely manner, to environmental impact assessment commissioned by the their bodies.
    Unit may appoint a public environmental impact assessment agencies survey; in this case, the 15th article, apply the provisions of the second paragraph of the environment impact assessment of agencies.
    17th construction and environmental impact assessment agencies should fully heed public opinion, responsible for the authenticity of public inquiry should not be used to hide, delete the public opinion or other means of fraud affecting the public inquiry.
    18th construction units should be attached to the approval of the environmental impact report public, the description of the expert opinion to adopt or not to adopt.
    19th article province environmental protection administrative competent sector is responsible for following construction project of environment effect evaluation file of approval: (a) Province Government and about sector determine of construction project; (ii) set district of City Government and about sector determine of belongs to heavy pollution industry of construction project and other may serious pollution environment or damage ecological of construction project; (three) location or environment effect across set district of city administrative of construction project;
    (D) by the district, submitted by the Administrative Department of environmental protection, the controversial construction project on environmental issues.
    Items included in the first item of the preceding paragraph, the provincial environmental protection administration departments may delegate local districts or appointed under Zhejiang [expanding economic management authority in document 2002]40 of the County (city, district) approval by the Administrative Department of environmental protection. 20th article set district of city environmental protection administrative competent sector is responsible for this administrative within following construction project environment effect evaluation file of approval: (a) set district of City Government and about sector determine of construction project; (ii) County (city, and district) Government and about sector determine of belongs to heavy pollution industry of construction project and other may serious pollution environment or damage ecological of construction project; (three) location or environment effect across this City County (city, and district) administrative of construction project; (four) by County (city, and
    District), submitted by the Administrative Department of environmental protection to environmental issues controversial building project.
    Items included in the first item of the preceding paragraph, districts, Administrative Department of environmental protection to delegate local counties (cities, districts) approval by the Administrative Department of environmental protection.
    21st counties (cities, districts) within the administrative authorities responsible for the administration of environmental protection in addition to the State, provinces, districts, Administrative Department of environmental protection for approval other than approval of the construction project environmental impact assessment document.
    22nd article of the province, local regulations, provincial regulations and normative documents of these measures before the commencement of provincial districts of the city and County (city, district) and economic and technological development zone, zone file management in the construction project environmental impact assessment with special authorization approval from its provisions. According to the environmental protection needs, the 19th to 21st of approval provided for in article can be adjusted.
    Adjustment programmes proposed by the provincial environmental protection Administrative Department, submitted to the provincial people's Government for approval before implementation.
    Article 23rd may cause significant adverse environmental effects, public construction projects reflect the strong, its environmental impact report should include prevention and control of pollution and ecological destruction of viable solutions.
    In the implementation of total quantity control of pollutants in the region-building project, the construction project environmental impact report should include after the completion of total quantity control of pollutants.
    24th environmental protection Administrative Department shall receive environmental impact assessment documents and materials related to approval date, according to the laws, regulations and rules as well as national, provincial environmental impact assessment of industrial policy and technical specifications, review of the environmental impact assessment document, in the approval decision and notify the employer within the approval deadline.
    25th construction project does not meet the conditions specified in article fifth, shall not be approved by the Administrative Department of environmental protection.
    Environment effect evaluation file of prepared has following case one of of, environmental protection administrative competent sector should proposed specific guide views, ordered modified or again prepared: (a) prepared not real, and quality poor, and not meet environment effect evaluation technology specification requirements of; (ii) should prepared environment effect report book of construction project, units not comes with 18th article provides of views processing description of; (three) violation 23rd article first paragraph, and second paragraph provides, not proposed related of control or control programme of;
    (D) does not implement public inquiry as provided herein, or in public surveys in the 17th of the acts prohibited under article; (v) environmental impact assessment agency does not have the appropriate level of qualification and professional competence.
    Article 26th ratification of decisions of the Administrative Department of environmental protection, in its document of ratification, the unit should be in project design, construction and acceptance phase specific requirements must be made in the implementation of environmental protection measures.
    27th article in the Administrative Department of environmental protection approved the environmental impact evaluation process, the views of the public can make environmental protection, you can request access to environmental impact assessment documents and related accessories, except by the contents of the State requires secrecy.
    Can be called as needed by the Administrative Department of environmental protection units and public representatives on issues of communication and coordination.
    Environmental impact assessment of the 28th after a document is approved, significant changes in the nature and location of the construction project, or change its size, production process, which type of pollutant emissions or significant changes in the total emissions of major pollutants, may have a greater impact on the environment, the construction unit shall re-apply for approval for the environmental impact assessment document.
    Environmental impact evaluation of construction project document 5 years after the date of approval to start the construction, prior to construction, the original environmental impact assessment document shall be reviewed by the Administrative Department of environmental protection.
    29th superior administrative Department of environmental protection to lower administrative Department of environmental protection's environmental management of construction projects for guidance and supervision.
    Lower administrative Department of environmental protection approved environmental impact assessment report should be the competent administrative Department of environmental protection at a higher level for the record.
    Article 30th environment impact assessment agency shall, in accordance with their level of qualification and the corresponding environmental impact assessment work of the business scope, strict implementation of the technical specifications and standards of environmental impact assessment, liable for the environmental impact assessment conclusions.
    31st laws and regulations providing for the construction project environmental impact assessment document reported that approval must be obtained before the competent administrative Department of environmental protection transport, railways, civil aviation, electricity, water, oceans and other relevant departments in charge of examining or auditing from its provisions.
    32nd carry out, in accordance with the relevant provisions of the State Register of construction projects, the construction unit shall, when applying for registration, to the industrial and commercial administrative departments or other relevant registration submitted to the approved environmental impact assessment documentation.
    Chapter design construction and acceptance of construction project of environmental protection measures article 33rd design units shall in accordance with the relevant requirements of regulation for design of environmental protection of construction projects of the State environmental protection chapters, concrete implementation of environmental impact assessment document and approve the file identified by the environmental protection measures and the investment budget.
    Article 34th according to requirements of environmental impact assessment document and approve the documents, necessary supporting construction project pollution prevention and environmental protection facilities to prevent ecological damage (hereinafter referred to as environmental protection facilities), environmental protection should be the main part of the project design, construction and operation.
    Economic and technological development zone construction project pollution prevention within the parks shall, according to park needs, be equipped with the appropriate environmental protection infrastructure.
    Introduction of new technology, new equipment, new construction projects should be according to the provisions of the first paragraph of this article have environmental protection facilities under construction; domestic technological capabilities should be introduced simultaneously supporting environmental protection facilities.
    35th environmental protection engineering design should be borne by the organization with environmental protection facilities engineering qualification.
    Design of environmental protection facilities should include the following main elements: (a) design, (ii) environmental protection standards; (c) the process and expected results (d) Operations Manager settings; (e) investment budget and operational costs.
    36th construction units shall provide environmental protection Administrative Department of environmental protection facilities design documents.
    Construction and construction units shall not be arbitrarily changed environmental protection facilities design documents, alteration, shall comply with the requirements of environmental impact assessment document and approve documents.
    37th construction units in the process in construction projects, should take measures to control dust, noise, vibrations, emissions, waste water and solid waste pollution, prevent or mitigate construction of water, vegetation and landscape of destruction of the natural environment, improve, restore the site to the surrounding environment.
    Construction project construction process, should urge the construction units to take environmental protection measures.
    Article 38th on the construction projects likely to have significant environmental effects, environmental supervision system, commissioned by the employer organization with environmental engineering supervision qualification in implementing environmental protection measures technical supervision of construction project. The 39th after the completion of construction projects, the construction unit shall apply to the Administrative Department of environmental protection environmental protection acceptance check of construction project.
    Construction of pilot project, prior pilot start and end times of the construction unit shall inform the Administrative Department of environmental protection, and start production within 3 months from the date (unless otherwise provided), apply for acceptance to the Administrative Department of environmental protection.
    Construction unit acceptance of proposed applications, should be submitted to the Administrative Department of environmental protection monitoring report of the trial operation of environmental protection facilities; trial production period, and shall also put into trial operation of environmental protection facilities. Administrative Department of environmental protection shall be from the date of receipt of the application in the 30th, relevant departments, units inspection.
    Without acceptance, overall completion of construction projects shall be passed, and shall not be put into production.
    40th in the building before the project is put into production, measures should be taken by the Administrative Department of environmental protection, urging implementation of the 23rd paragraph, second paragraph of prevention and control programmes.
    41st in the process of construction, operation, fail to comply with the approved by the examination and approval of the environmental impact assessment documentation requirements, the construction unit shall organize the environmental impact evaluation, improvement, and report to the relevant departments for approving construction projects. Fourth chapter legal responsibility 42nd article units no environmental protection administrative competent sector approved of environment effect evaluation approved file, unauthorized starts construction of, by environmental protection administrative competent sector ordered stop construction, deadline replacement environment effect evaluation file approval procedures, late not handle of, at 50,000 yuan above 200,000 yuan following fine; unauthorized starts construction and built input production of, by environmental protection administrative competent sector ordered stop production, deadline replacement environment effect evaluation file approval procedures,
    And a fine below 50,000 yuan and 200,000 yuan.
    Construction projects in accordance with article 28th again for approval, applying environmental impact assessment document, under construction or completed and put into production without authorization, according to the provisions of this article.
    43rd ultra vires by the Administrative Department of environmental protection approved the construction project, by the right of approval of the Administrative Department of environmental protection shall be ordered to stop construction or production, and re-examination and approval in accordance with law.
    Illegal in the approval by the Administrative Department of environmental protection approved the construction project, the Department of the upper-level environment protection administration mandated its withdrawn or suggested the people's Government at the revocation of the approval documents and re-examination and approval in accordance with law.
    44th 42nd article has gone through an environmental impact assessment document and approval procedures or provided for by 43rd start approving construction projects, environmental impact assessment document approval conditions are not met, no approval has been built and put into production, with the approval of the Administrative Department of environmental protection law to the attention of the Government to close.
    Article 45th Administrative Department of environmental protection's decision to stop construction or people's Government decided to close the building project, Department of environmental protection administration should supervise the construction unit improvements, restoration of damaged environment due to building activities.
    Article 46th production during construction projects, and put into trial operation of environmental protection facilities, the Department of environmental protection administration rectification; fails to make corrections, shall be ordered to stop production, and a fine below 50,000 yuan. 47th article on violation construction project environmental protection legal, and regulations, and regulations provides of behavior, County (city, and district) environmental protection administrative competent sector decided implementation 50,000 yuan above to 100,000 yuan fine punishment of, implementation Qian should reported set district of city environmental protection administrative competent sector audit, decided implementation 100,000 yuan above to 200,000 yuan fine punishment of, implementation Qian should reported province environmental protection administrative competent sector audit; set district of city environmental protection administrative competent sector decided implementation 100,000 yuan above to 200,000 yuan fine punishment of,
    Implementation should be submitted to the provincial environmental protection Administrative Department before approval.
    48th article environment effect evaluation institutions in environment effect evaluation work in the not responsible or fraud, led environment effect evaluation conclusion serious false of, by province environmental protection administrative competent sector recommends State environmental protection administrative competent sector reduced its qualification grade or revoked its qualification certificate, and at environment effect evaluation costs 1 time times above 3 times times following of fine; on directly is responsible for of competent personnel and other directly responsibility personnel, by about organ law give administrative or disciplinary.
    49th design, construction, supervision of construction project and its related persons violating the construction project environmental protection regulations in the operations, in accordance with relevant national and provincial laws, regulations, regulatory penalties or administrative sanctions. 50th article environmental protection administration sector and about is responsible for construction project environmental protection approval of competent sector has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative or disciplinary: (a) violation this approach provides of principles, and permission and program approval (including pre, and audit) environment effect evaluation file of; (ii) on not meet provides of environmental protection facilities be acceptance through of; (three) negligence,
    Within the jurisdiction of the construction project environmental pollution and ecological destruction of long-term oversight or related offence allowed, tolerated and (iv) abuse, abuse or damage the interests of the people.
    51st article Government and about sector has following behavior one of of, on its negative main led responsibility of personnel law give administrative or disciplinary: (a) illegal approved construction project of; (ii) directed, and forced environmental protection administration sector and about competent sector illegal approval or acceptance construction project of; (three) illegal intervention, and limit environmental protection administration sector law investigation construction project environment violations of; (four) not perform construction project environmental protection statutory duties of.
    52nd in violation of these rules, their behavior constitutes a crime, criminal responsibility shall be investigated according to law.
    Violation of these rules, their behavior violated the legitimate rights and interests of citizens, legal persons and other organizations shall bear civil liabilities according to law.
    Administrative organs and their staff illegal exercise of authority, violating the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on State compensation law and the People's Republic of China administrative litigation law of liability. 53rd executive administrative relative person of the decision on administrative penalty, such as damage to their legitimate rights and interests of a specific administrative act, may apply for administrative reconsideration or bring administrative proceedings.
    If no application for reconsideration by the parties nor prosecuted, and refused to honour their obligations under the decision of administrative penalty by a specific administrative act, such as, by making a specific administrative act apply to a people's Court for compulsory execution of the administrative body.
    The fifth chapter supplementary articles article 54th important ecological function in these measures refers to river source area, important water resource conservation area, the focus on prevention of soil and water conservation reserve and key monitoring areas, river flood storage areas and important fishing waters. This approach by said environment sensitive district, is refers to following regional: (a) drinking water reserves, and landscape places district, and nature reserve, and forest park, and heritage protection units of protection range and the construction control zone, and history culture blocks (village), and basic farmland reserves, special protection regional; (ii) wetland, and rare flora and fauna Habitat distribution to, and natural forest, and important fisheries waters, ecological sensitive vulnerable district; (three) health to, and hospital, and educational district and has culture, and science, and national, and
    Special areas of social concern, such as religious significance and (iv) environmental quality is not up to requirements of environmental function zoning area.
    Special industrial zone in these measures, is based on the regional characteristic economy to adapt to market competition, industry upgrading and urbanization demands for reasonable industrial agglomeration, advantages of backbone enterprises as the main body, appropriate centralized layout, reasonable division of specialization industry area.
    55th to 38th of the rules provides that the Department of provincial environmental protection administration, in conjunction with relevant departments to formulate specific measures for the management, submitted to the provincial people's Government for approval before implementation.
    56th, 19th and 20th of the being known as the "heavy-polluting industries" and "other potentially serious environmental pollution or damage to the ecological construction project", developed by the provincial environmental protection administrative department directory and publishing.
      57th these measures shall come into force on March 1, 2004.

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