Circular 48/2011/tt-Btnmt: Amendments And Supplements To Some Articles Of The Circular 08/2009/tt-Btnmt On July 15, 2009 By The Minister Of Environment And Resource Management Regulations And Protecting The Environment.

Original Language Title: Thông tư 48/2011/TT-BTNMT: Sửa đổi, bổ sung một số điều của Thông tư 08/2009/TT-BTNMT ngày 15 tháng 07 năm 2009 của Bộ trưởng Bộ Tài nguyên và Môi trường quy định quản lý và bảo vệ môi trường khu ...

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DEPARTMENT OF RESOURCES AND ENVIRONMENT
Number: 48 /2011/TT-BTNMT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 28 December 2011

IT ' S SMART

Edit, add some of the stats of the Digital 08 /2009/TT-BTNMT July 15, 2009

of the Minister of Natural Resources and Environmental Management and Environmental Protection of Regional Environment

economics, high tech sector, industrial zone and industrial cluster

_____________________________________

MINISTER OF RESOURCES AND ENVIRONMENT

Environmental Protection Act November 29, 2005;

Base of Protocol 29 /2008/NĐ-CP March 14, 2008 by the Government Regulation of Industrial Zone, Manufacturing Zone and Economic Zone;

Base of Protocol 99 /2003/NĐ-CP August 28, 2003 by the Government on the promulgation of High-tech Sector Regulation;

Base of Protocol 80 /2006/ND-CP August 9, 2006 of the Government on the Detailed Regulation and guidelines of some of the provisions of the Environmental Protection Law;

Base of Protocol 21 /2008/NĐ-CP February 28, 2008 by the Government on the amendment, adds some of the provisions of the Digital Protocol 80 /2006/ND-CP August 9, 2006 of the Government on the Detailed Regulation and guidelines of some of the provisions of the Environmental Protection Law;

Base of Protocol 29 /2011/NĐ-CP April 18, 2011 The Government provides for strategic environmental assessment, environmental impact assessment, environmental protection, and environmental impact;

Base of Protocol 25 /2008/NĐ-CP March 4, 2008 by the Government Regulation, the mandate, the powers and organizational structure of the Ministry of Natural Resources and Environment, has been amended, added at the International Protocol. 19 /2010/NĐ-CP March 05, 2010 Government and Decree No. 89 /2010/NĐ-CP August 16, 2010 Government;

On the recommendation of the Director General of the Environment, the Attorney General of the Law,

REGULATION:

What? 1. Edit, add some of the stats of the Digital 08 /2009/TT-BTNMT July 15, 2009, by the Minister of Natural Resources and Environment Management and Environmental Protection and Environmental Protection and Environmental Protection, Industrial Zone, Industrial Zone and Industrial Cluster:

1. Modified, add Article 4 as follows:

" Article 4. The organization is directly responsible for the protection of the economic zone environment, high tech sector, industrial zone and industrial cluster.

1. The Economic Zone Management Board, High-tech Sector Management Board, Industrial District Management Board, Industrial Cluster Management Authority are organizations responsible for managing the protection of KKT, KCNC, KCN and CCN in terms of function, the task of being managed by the agency. The state has the authority to deliver it.

2. The Economic Zone Management Board, High-tech Sector Management Board, Industrial District Management Board, Industrial Cluster Management Agency must have specialized organization, cadres in charge of environmental protection under regulation at the International Protocol. 81 /2007/NĐ-CP May 23, 2007 of the Government Regulation, the department for environmental protection at the state agency and the state enterprise.

3. Head of construction and business infrastructure KKT, KCNC, KCN and CCN must have specialized departments on environmental protection under the laws of environmental protection.

4. Host of manufacturing facilities, business, service in KKT, KCNC, KCN and CCN have to set up the environmental management monitoring of the facility; it is responsible for environmental management within the facility ".

2. Modified, paragraph 1, paragraph 2 Article 5 is as follows:

a) Clap 1 is modified, added as follows: " 1. The KKT construction planning, KCNC, KCN, CCN must be consistent with the region ' s social-economic development planning, the land use planning of the provinces, the Central City of China, which limits the use of agricultural land, does not violate natural protected areas. Well, national parks, sustainable development and defense security.

Promoting the implementation of the Strategic Environmental assessment Report (DMC) for KKT Development General Planning ";

b) Section 2 is modified, added as follows: " 2. The land area is grown, flower gardens, grass fields in KCNC, KCN, minimum CCN must be equal to 10% of the total area of the whole KCNC, KCN and CCN ".

3. Modified, add 2, paragraph 4 Article 6 as follows:

a) paragraph 2 is modified, added as follows: " 2. When planning for planning, the layout of solid storage and solid waste transfer in KKT, KCNC, KCN and CCN; must determine the basis of receiving, transport, conventional solid waste disposal, and hazardous waste of KKT, KCNC, KCN and CCN.

In the case of all production facilities, business, service in KKT, KCNC, KCN, CCN is both required to have contracts with the receiving facility, transport and disposal of ordinary solid waste and hazardous waste, without the need for a cache location layout and storage facilities. Solid waste transfer in KKT, KCNC, KCN and CCN.

Business manufacturing facilities, services in KKT, KCNC, KCN, CCN all have to set up solid waste points at the facility before being transported to process ";

b) The 4 is modified, added as follows: " 4. KCNC, KCN and CCN must have centralized wastewater treatment plants. Centralized wastewater treatment plants can be divided into multiple units (modun) but must guarantee the full amount of wastewater that arise to the standard environmental engineering standard. The investment holder of wastewater treatment plants has to be designed to install automated, continuous-water observational systems, parameters: pH, COD, TSS and some other characteristic parameters in the wastewater of KCNC, KCN, CCN at the request of the company. The decision to approve an environmental impact assessment report, prior to the release of the source. Automated observational stations must ensure an engineering requirement to communicate automatically, continuously on the state governing body of the environment as the agency demands. For existing automated observational stations but not responding to technical requirements connecting to transmission of automatic, continuous data must have a regulatory method to meet this regulation. "

4. Modified, add Article 7 as follows:

" Article 7. The responsibility of the construction owner and the business of infrastructure infrastructure, high tech sector, industrial zone, industrial cluster, and business.

An environmental impact assessment (DTM) or environmental protection project must be done in accordance with the regulation of the Environment. 29 /2011/NĐ-CP April 18, 2011 the Government Regulations on the assessment of the strategic environment assessment, assessment of the environmental impact, the commitment to protect the environment ".

5. Modified, add 3 Article 9 as follows:

" 3. In terms of solid waste management: the implementation of the prescribed content at the point a 3 Article 1 of this Information and the provisions of the law of solid waste management ".

6. Modified, add 1 Article 10 as follows:

" 1. In coordination with the state regulatory agencies on environmental protection conducting inspections, overseeing the implementation of the contents in the environmental impact assessment report, the environmental protection commitment has been approved, confirmed in the construction phase of the construction site. "The Project."

7. Modified, add 1 Article 12 as follows:

" 1. Only consideration of the industry-based investment projects have been described in the environmental impact assessment of the construction and business infrastructure project KCNC, KCN and CCN have been approved by the state governing body. For non-disciplinary investment projects described in the environmental impact assessment report, the KCNC Board of Management, KCN and CCN must submit to the opinion the State agency approved the environmental impact assessment report for KCNC, KCN, CCN prior to the report. when they took over the investment project. "

8. Modified, add Article 13 as follows:

" Article 13. Conditions for manufacturing, business, investment services to the economic zone, high tech sector, industrial zone and industrial cluster are included in the operation of the business sector.

1. Have defined the reception facility, transport, the usual solid waste disposal and hazardous waste of KKT, KCNC, KCN and CCN regulation at the point a 3 Article 1 of this Information and the laws of solid waste management legislation.

2. The wastewater output of manufacturing, business, service that has directly connected directly into the wastewater collection system on the centralized wastewater treatment plant of KKT, KCNC, KCN and CCN; except for the case of business production facilities, services in KKT, KCNC, KCN and others. and CCN already has its own wastewater treatment station that reaches the existing environmental engineering standard before the centralized wastewater treatment plant of KKT, KCNC, KCN and CCN is built. And meet the conditions of regulation at Article 45 of the Digital Protocol. 88 /2007/NĐ-CP May 28, 2007 of the Government on Urban drainage and the industrial zone .

3. The production project has fully installed and has tested for testing wastewater treatment devices, emissions processing, noise processing, and other environmental protection measures as committed in the environmental impact assessment or environmental impact assessment and environmental impact assessment. The agency has the authority to check, confirm the completion of environmental processing. "

9. Modified, add 1, paragraph 4 and paragraph 5 Article 14 as follows:

a) Clap 1 is modified, added as follows: " 1. Set, the authorities have the authority to approve the environmental impact assessment report (DTM) or confirm a commitment to environmental protection under the provisions of the UN Protocol. 29 /2011/NĐ-CP April 18, 2011 by the Government Regulation on strategic environmental assessment, environmental impact assessment, environmental protection commitment ";

b) The 4 is modified, added as follows: " 4. Having to sign a letter of agreement or economic contract with construction and business equity infrastructure KKT, KCNC, KCN and CCN on conditions that are allowed to match the wastewater of the facility into the wastewater collection system on the wastewater treatment plant. Unless the underlying case has its own wastewater treatment station by regulation at paragraph 2 Article 13 of the Digital Information. 08 /2009/TT-BTNMT July 15, 2009, modified, complemated at the 8 Article 1 of this Information ";

c) paragraph 5 is modified, added as follows: " 5. The output to the output of the wastewater escape system into the wastewater collection system on wastewater treatment plants is concentrated under the supervision of the construction and business investment owner KKT, KCNC, KCN and CCN, except where the facility has a station. It ' s regulated by regulation. Paragraph 2 Article 13 of the Digital News 08 /2009/TT-BTNMT July 15, 2009, modified, supplemated at paragraph 8 Article 1 of this message. ".

10. Modified, add Article 15 as follows:

" Article 15. The responsibility of the investment owner and the business of the structural infrastructure of the economic zone, high tech sector, industrial zone and industrial cluster.

1. Watch, monitor the exhaust operations of manufacturing facilities, business, service into the wastewater treatment plant that focuses on the right contracting contract.

2. Secure wastewater treatment works, collection, classification, temporary storage and solid waste processing of KKT, KCNC, KCN and CCN to achieve environmental protection requirements.

3. Care, guarantee development to the ratio of green tree cover in KCNC, KCN and CCN by regulation at point b 2 Article 1 of this Smart ".

11. Modified, add Article 17 as follows:

" Article 17. Protect the water environment in the economic zone, high tech sector, industrial zone and industrial cluster

1. All drainage activities of KKT, KCNC, KCN and CCN must comply with the provisions of the Digital Protocol. 88 /2007/NĐ-CP May 28, 2007 the Government of the Government of Urban and Industrial Zone.

2. The discharge of wastewater to the source of the reception must comply with the laws of environmental protection, water resources, water mining and protection of irrigation works. -Serious dilution of wastewater after sewage treatment. .

3. The wastewater of manufacturing facilities, business, services must all be processed to the conditions that have been agreed upon with the owner of the construction and business infrastructure of the infrastructure before it connects to the wastewater collection system in terms of centralized wastewater treatment plants, except for the investment. case of manufacturing facilities, business, service has its own wastewater treatment station, as stipulated at paragraph 2 Article 13 of the Digital Information Digital Information. 08 /2009/TT-BTNMT July 15, 2009, modified, added at paragraph 8 of this message. The operating wastewater of manufacturing facilities, business, services and organizations, individuals in KCNC, KCN and CCN after preliminary processing (by self-processing tanks, etc.) must be processed next at KCNC ' s centralized wastewater treatment plant, KCN, CCN or at the disposal station. The facility's own wastewater.

4. Ban on all means of untreated water-based ballast water transport to the existing environmental engineering standards and the types of waste to the waters of the rivers, streams and coastal waters of KKT, KCNC, KCN and CCN.

5. Manufacturing, business, service facilities in KKT, KCNC, KCN and CCN must charge environmental protection in accordance with existing regulations ".

12. Modified, add Article 18 as follows:

" Article 18. Solid waste management and hazardous waste that arise in the economic zone, high tech sector, industrial zone and industrial cluster.

1. All manufacturing facilities, business, service in KKT, KCNC, KCN, CCN must perform collection, classification of common solid waste, medical waste and hazardous waste by law.

2. The solid waste of KKT, KCNC, KCN and CCN must be collected by 100% and is classified as a non-hazardous waste (common solid waste), medical waste and hazardous waste.

3. The collection, classification, transport and processing of hazardous solid waste from the operation. medical must comply with regulations at Decision No. 43 /2007/QĐ-BYT November 30, 2007, of the Minister of Health for the enacal of the Regulation of Medical Waste Management.

4. The collection, classification, transport and disposal of hazardous waste from manufacturing operations, business must comply with regulations at the United States Digital Agenda. 59 /2007/NĐ-CP April 9, 2007 by the Government on Solid Waste Management, Digital Information. 12 /2011/TT-BTNMT April 14, 2011 of the Ministry of Natural Resources and Environmental Regulation of hazardous waste management.

5. The scum of the wastewater treatment station and the drainage network of KKT, KCNC, KCN and CCN must be collected, transported by dedicated vehicle transport to a solid waste-focused treatment facility to handle the existing environmental engineering standards. This muddy case does not contain substances with excess levels of regulation at the current environmental technical regulation of hazardous waste threshold treated as conventional solid waste or reusable.

6. All manufacturing facilities, business, services have a hazardous waste generation, and more. having to take responsibility for managing hazardous waste according to the regulations at the Digital Information 12 /2011/TT-BTNMT April 14, 2011 of the Ministry of Natural Resources and Environmental Regulation of hazardous waste management.

7. Manufacturing, business, services in KKT, KCNC, KCN and CCN to pay environmental protection fees on solid waste according to the regulation of the Digital Protocol. 174 /2007/NĐ-CP 29 November 2007 of the Government on Environmental Protection of Solid Waste ".

13. Modified, add 1, paragraph 2 Article 21 as follows:

a) Clap 1 is modified, added as follows: " 1. KKT, KCNC, KCN and CCN Management Authority have regular responsibility for regular testing and periodic implementation of the aggregable synthesis of information from infrastructure construction and business infrastructure to establish environmental reports on KKT, KCNC, KCN and CCN and to send them. to the Directorate General of the Environment, Department of Natural Resources and Environmental Services at Appendix 1 accompanied by this message and is accountable to the law on the information, figures in the report ";

b) Section 2 is modified, added as follows: " 2. Construction and business infrastructure business owners are responsible for implementing environmental observations by regulation at the EIA report, the environmental protection project has been approved. The observation must be carried out by the eligible unit engaging in environmental observational activities and compliance with the observed observational process in existing documents. Environmental survey results report sent to KKT Management Board, KCNC, KCN, and CCN Management Agency, Department of Natural Resources and Environment reported at Appendix 2 accompanied by this Information ".

14. Modified, add 2 Article 27 as follows:

" 2. Chaired and coordinated with KKT Management Board, KCNC, KCN and the CCN Management Agency conducted testing, confirming test results for the waste processing works of the KKT construction investment project and the KKT engineering infrastructure business, KCNC, CCN and other companies. the waste processing of the investment projects built in KKT, KCNC, KCN and CCN under the jurisdiction delivered before the project goes into formal operation ".

15. Modified, add 1, paragraph 3, paragraph 4 and paragraph 7 Article 28 as follows:

a) Clap 1 is modified, added as follows: " 1. Guide, construction and construction of infrastructure construction and business infrastructure, manufacturing facilities, business, services and functions in KKT, manufacturing facilities, business, services in KCNC, KCN under the regulatory authority to implement the provisions of the KKT, the company ' s operations. Digital 08 /2009/TT-BTNMT July 15, 2009, revised, complemated at this Information ";

b) Section 3 is modified, added as follows: " 3. The gesture to join the Board of Appraisal of DTM reporting by investment projects in KKT, KCNC, KCN and CCN ";

c) Section 4 is modified, adding as follows: " 4. In collaboration with the state regulator on environmental testing, validation of the test results test of the waste treatment works of the construction investment project and the KKT engineering infrastructure business, KCNC, KCN and the waste disposal works of the projects in the United States. Investment in KKT, KCNC, KCN before going into official operation ";

d) Section 7 was modified, added as follows: " 7. Taking on and addressing environmental disputes between manufacturing facilities, service business in KKT, KCNC, KCN; presiding and coordinating with the functional body addressing environmental disputes between manufacturing facilities, service business in the country, and in the business of companies. KKT, KCNC, KCN with the outside; reception, petition and coordination with state management agencies on the environment addressing complaints, environmental denouncing in KKT, KCNC, KCN ".

16. Modified, add 3 Article 32 as follows:

" 3. The Environmental Crime Prevention Agency for the participating environment, coordinated implementation of the inspection, inspection of the KKT Environmental Protection, KCNC, KCN and CCN environmental protection in accordance with the Census Census. 02 /2009/TTLT-BCA-BTNMT February 6, 2009 The Ministry of Public Security and the Ministry of Natural Resources and Environment in the direction of coordinating relations coordination, anti-crime and violation of environmental protection laws ".

What? 2. Revel the phrase "national technical regulation on the environment" regulation at paragraph 5 Article 6 and paragraph 1 Article 16 of Digital 08 /2009/TT-BTNMT July 15, 2009 by the Minister of Natural Resources and Environment Management and Environmental Protection of the Economic Zone, High-tech sector, industrial zone and industrial cluster. using the phrase "current environmental engineering standards".

What? 3. Organization implemented

1. This message has been in effect since 15 February 2012.

2. During the course of execution, if there is an entanging proposal of organizations, individuals reflect on the Ministry of Natural Resources and Environment to review, process ./.

KT. MINISTER.
Chief.

(signed)

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