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Circular 14/2009/tt-Bkhcn: Environmental Management Guidelines In The Processing Of Aquatic Products

Original Language Title: Thông tư 14/2009/TT-BNN: Hướng dẫn quản lý môi trường trong chế biến thủy sản

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Pursuant to Decree No. 01/2008/ND-CP dated 03/01/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;

Pursuant to the law on environmental protection on 29/11/2005;

Pursuant to Decree No. 80/2006/ND-CP dated 9/8/2006 Government's detailed rules and instructions for the implementation of some articles of the law on environmental protection;

Pursuant to Decree No. 21/2008/ND-CP dated 28/02/2008 of the Government about amending and supplementing a number of articles of Decree No. 80/2006/ND-CP dated 09/08/2006 of the Government on the detailed rules and instructions for the implementation of some articles of the law on environmental protection;

Pursuant to circular No. 05/2008/TT-BTNMT on 08/12/2008 of the Ministry of environmental resources and guidance on strategic environmental assessment, environmental impact assessment and is committed to protecting the environment;

The Ministry of agriculture and rural development environmental management guidelines in the processing of aquatic products as follows: Chapter 1.

GENERAL PROVISIONS article 1. Scope this regulation stipulated some content about environmental management in the seafood processing facility; the liability of the Organization, the individual processing operations and state management agencies are concerned about the environment for seafood processing facility.

Article 2. The object to apply these rules apply to organizations, individuals active in the field of processing of aquatic products processing factory there, outside, or in the processing of aquatic products and the Agency is responsible for managing the State of the environment in the processing of aquatic products.

If seafood processing factory located in industrial zones, in addition to compliance with the provisions of this regulation, the owner of the facility must comply with the regulations of the environmental management of industrial areas.

Article 3. Explanation of terms In this regulation the following terms are understood as follows: 1. processing facility is the basis in which the organizations and individuals who conduct these activities in the areas of: material processing aquatic products; aquatic products processing forms: frozen, canned, dried, drying salted, smoked; sauce, salted fish and other types of seafood sauce; agar and the products from the types of seaweed; fish powder processing and products of animal origin in other fisheries.

2. processing Area of focus is the area of the planning and building dedicated to the seafood processing facility in operation.

3. Managing the waste water treatment system is organized, personally owned wastewater treatment system. Owner may be the home base for processing, or management of an industrial processing zone management, fisheries, or a business owner waste water services for seafood processing facility.

Chapter 2.

ENVIRONMENTAL MANAGEMENT the BASIS of PROCESSING article 4. The requirements for planning and technology 1. The Organization, the individual is home base for processing fishery products (hereinafter referred to as the home base) when conducting the construction or expansion of seafood processing establishments themselves need: a) the choice of venue construction consistent with fisheries development plan was the Government or the people's committees of provinces the city, centrally approved;

b) performs design, factory layout, equipment, including waste treatment system in order to ensure the operation of the facility to achieve the target of environmental regulations.

c) choice of advanced technology, clean technology aimed at reducing levels of polluting the environment of the facility and the surrounding area.

2. The owner of the active establishments pollute the environment to perform one or a number of necessary measures could be: relocation to the new location by planning, factory upgrade, technological improvements, applying cleaner production technology, waste water ... ensure reaching the required environmental standards applied , the national technical regulation on the environment related to seafood processing facility.

Article 5. Establishment, evaluation and approval of the report on environmental impact assessment; implement, test, certify the implementation of the contents of the report reviews the environmental impact.

1. Home base project for new construction or upgrading the facility has a capacity of from 1,000 tons a year or more to reporting environmental impact assessment of the project.

2. The preparation, appraisal and approval of the report on environmental impact assessment; implement, test, certify the implementation of the content of the report on environmental impact assessment was conducted according to the procedure specified in section III of the circular No. 05/2008/TT-BTNMT on 08/12/2008 of the Ministry of environmental resources and guidance on strategic environmental assessment, environmental impact assessment and commitment to environmental protection (hereinafter referred to as the circular No. 05/2008/TT-BTNMT).

Article 6. Establishment, registration, confirming a commitment to protect the environment.

1. Home base project for new construction or upgrading the facility has a capacity of less than 1,000 tons per year to establish a commitment to protect the environment.

2. The establishment, registration, confirming a commitment to protect the environment are performed according to the procedure specified in section IV of the circular No. 05/2008/TT-BTNMT.

Article 7. Solid waste management 1. Home base to collectors, solid waste sorting at the source into the Group: by-products can take advantage of the solid waste, solid waste, production activities and the solid waste must be contained in the sealed containers to ensure sanitation, periodically moving to next processing facility; destruction, disposal or burial at location specified by the provincial people's Committee, the central cities.

2. solid waste must be transported in groups have been sorting at source, in the appropriate device, not to the scattered, disperse the smell during shipping.

Article 8. Waste water management 1. Waste water collectors, home base to take measures of waste water collection and disposal at the waste water treatment system of the facility or of the industrial processing zone focusing, ensuring sewage waste into the environment prior to reaching the minimum criteria prescribed under the mandatory environmental standards applied , national technical regulation on seafood processing waste water. Wastewater and sewage disposal facility must ensure does not pollute soil, groundwater, water ponds and rivers around.

2. wastewater treatment system must ensure the following requirements: a) using process technology consistent with the type of waste water need to handle;

b) enough power handle the entire amount of water discharged from the facility;

c) waste water after handling must meet environmental standards;

d) waste water outlet to the drain system must be put in place easily, monitoring and inspection in accordance with regulations on waste water discharge;

DD) operate immediately when the active base.

3. Sewage sludge from wastewater treatment systems are managed according to the regulations regarding solid waste management.

4. Managing wastewater treatment system must perform periodic monitoring of waste water before and after handling. Monitoring data is stored as a base to inspect, supervise the operation of the waste water treatment system.

5. Must have a permit to discharge waste into the environment.

Article 9. Manage and control dust, emissions, noise, vibration, light 1. Manage and control dust, exhaust a) Organization, individual processing operations have spread dust, emissions are responsible for the control and handling dust emissions, reaching the targets specified under the national technical regulation on dust emission;

b) buildings or vehicles, machines, and devices that use the fuel, raw materials, waste gas, dust dispersal must have shielding devices, or Purifier parts reduce toxic emissions or use other measures to ensure the required environmental standards applied , national technical regulation on dust emission.

2. Manage the emissions that cause the greenhouse effect, ozone layer destruction of organizations, individual processing operations that use the cold agent belonging to the Group Clorofluorocacbon (CFCs) are planning to replace, proceed to eliminate the use of them according to the schedule outlined in annex 1 of this regulation; do not import the devices that use CFCs Group cold agent.

3. Limit noise, vibration, light, personal organization seafood processing operations which cause noise, vibration, light, beyond the level prescribed in the compulsory standards apply, national technical regulation about noise, vibration, light and are responsible for the control, handling satisfactory according to the rules.

Article 10. Monitoring, statistics, data storage, information on the environment 1. Home base or master processing focus area is responsible for monitoring implementation of the current state of the environment and the environmental impact caused by the operation of the facility, processing zones focused cause. Perform environmental monitoring at the facility, or processing areas of focus include: a) periodically sampled to analyze and forecast the wastewater quality performance before and after processing, the air in the area of production defined in advance;

b) track number, status, turning solid waste sources, waste water, emissions of the facility, processing areas;

2. Home Base, owner of seafood processing zone management focus is responsible for statistics, storing data on solid waste, waste water, emissions of the facility, processing areas;

Article 11. Published, providing information on the environment 1. Annual recurring or irregular when required, home base of the provisions in article 6 of this regulation are responsible for the reporting of information on the environment within the scope of his responsibilities with professional bodies on the protection of the environment, the central cities.

2. The owner of the facility provided for in article 7 of this regulation is responsible for providing environmental information related to his activities for the specialized agencies on the protection of the environment or district-level officials in charge of environmental protection social where active establishments , and listed on the disclosure of information relating to the environment of the projects in the build location to a residential community known before proceeding with construction.

Article 12. Implementation of democracy on the protection of the environment


1. Server processing zone management focus, home base; professional bodies, officials in charge of environmental protection responsibility with people, employees at the base on the State of the environment, preventive measures, limited adverse impact on the environment and remedy polluted, degraded by one of the following forms : a) common for the people living in the neighborhoods surrounding the campus in the meeting, when the Committee of town or ward requested and held meetings to owner seafood processing zone focusing or home base; popular meeting Organization for workers at the facility;

b) announcements, common in writing to employees.

2. in the case of the following home base to organize the dialogue about the environment: a) at the request of the party in need of dialogue is the collective representation of workers or Government representative, Ward Township;

b) at the request of the State administration of environmental protection levels.

3. Accountability, dialogue on the environment was defined as follows: a) on the request for dialogue must send the requested party dialogue writing problems need explanation or dialogue;

b) within a period not exceeding five working days from the date of receiving the request, the receiving party required to prepare the content of the answer, explanation, dialogue;

c) case of the State administration of environmental protection requires the Organization of dialogue, the parties concerned comply with the provisions of the requested authority.

4. The dialogue on the environment was carried out on the basis of the provisions of the law and under the chairmanship of committees or specialized agencies about the environment protection level.

5. the results of the dialogue to be written into the record the comments thereon, to the agreement, as a basis to the responsible party relating implement, or to review handling of breaking the law on the protection of the environment, environmental damage compensation.

Article 13. Environmental protection for seafood processing zone focusing 1. Planning, new construction, renovation or expansion processing area of focus is associated with the content on the protection of the environment.

2. Management of the centralized processing region have the responsibility to solve environmental pollution aquatic products processing zone concentrates by the following measures: a) renovate, upgrade or build new collection system, waste water treatment;

b) in the construction of the solid waste, layout containers, equipment meet the requirements of the waste collection and sorting at the source server for handling concentrate.

3. The facility is located in the processing zone concentrates must implement the following requirements on the protection of the environment: a) Are collectors of waste water treatment system of the centralized processing region; the case is not yet systematically waste water processing facility, then to build waste water treatment system environmental standards before discharged from the facility;

b) solid waste must be classified at the source and move toward solid waste collected by waste management regulations;

c) contribute funds to build infrastructure on the protection of the environment of the fisheries processing focus under the provisions of the law.

Chapter 3.

The RESPONSIBILITY of the PROCESSING FACILITY and the STATE ADMINISTRATION of article 14. The responsibility of the base 1. In compliance with the provisions of the law on the protection of the environment.

2. implementation of environmental protection measures outlined in the report of environmental impact assessment has been approved or a commitment to protect the environment have registered and comply with the standards, environmental standards.

3. Prevent, limit the adverse impact on the environment from its activities.

4. environmental pollution caused by their activities cause.

5. Advocacy, education, enhance the consciousness of environmental protection for the employees of the facility.

6. Make environmental reporting regime under the provisions of the law on the protection of the environment.

7. Subject to the inspection, the Inspector of the competent State bodies, observance of the test mode, the environmental protection inspector.

8. environmental protection charges Filed and make the financial obligations on the environment.

Article 15. The responsibilities of the unit Service, the relevant Department of the Ministry of 1. Science, technology and the environment is responsible for: a) coordinated with the relevant bodies under the Ministry of agriculture and rural development, Ministry of natural resources and environment ministries and ministerial-level agencies, provincial people's Committee to steer, guide and check the implementation of the law on the protection of the environment and the other rules of law relevant to the the environment in the seafood processing sector in accordance with the law;

b) chaired the evaluation report assessed the environmental impacts of seafood processing establishments by the authority;

c) 5 years periodically or irregularly when required, proceed to build the report reviews the current state of the environment in the seafood processing sector.

2. The Bureau of agriculture and forestry, trade processing and aquaculture and salt is responsible for unifying the management of export, import of machinery, equipment, materials, goods or service for processing aquatic products, processed aquatic products processing environment in accordance with the law.

Article 16. The responsibility of the Department of agriculture and rural development.

The Department of agriculture and rural development is responsible for coordinated with the Department of natural resources and the environment advised provincial people's Committee, the central cities: 1. Steer, guide and check the implementation of the legal texts on the protection of the environment in the local seafood processing.

2. Election of officers have knowledge regarding the environment in the join seafood processing the evaluation reports assessing the environmental impacts of seafood processing establishments under the authority of the assessment Committee; join the Corps of inspectors, environmental testing at the seafood processing facility under the rules.

3. Advise the provincial people's Committee, the city of centrally directed, organization: a) statistics, reviews the level of pollution of the aquatic products processing zone focused on the area and take measures promptly to solve pollution of aquatic products processing zone concentrates;

b) planning the centralized processing region to relocate seafood processing establishments pollute the environment out of the settlement;

c) announced the measures applied to protect the environment in the planning. Advocacy, popular for home base to know and apply the processing technology is less polluting.

Chapter 4.

Article 17 ENFORCEMENT TERMS. Responsible enforcement agencies, units of the Department, the Director of the Department of agriculture and rural development of the province, the city of centrally organized implementation of this circular.

Article 18. Effective enforcement of this circular are enforceable after 45 days from the date of signing and replacing decision No 19/2002/QD-BTS on 18/9/2002 of the Ministry of fisheries issued the "regulations of the environmental management in the seafood processing industry".

In the implementation process if there arise problems, need timely reflection of the Ministry of agriculture and rural development through science, technology and the environment to timely additional amendments./.