Hainan Province discharge permit management regulations
Addtime：2020-12-15 formTo：Sandy environment
Regulations on the management of sewage permits in Hainan Province
(Adopted at the Sixteenth Meeting of the Standing Committee of the Sixth People's Congress of Hainan Province on December 31, 2019)
Chapter I General Provisions
Article 1 In order to regulate the management of emission permits, increase environmental protection, strict control of pollutant emissions, and sustainable improvement of ecological and environmental quality, according to the "Environmental Protection Law of the People's Republic of China" and other relevant laws and regulations, combined with the actual situation in the province, the development of these regulations.
Article II of the province's administrative region of the application for emission permits, approval, implementation and supervision and management activities, the application of these regulations.
Article III emissions permit management adhere to the principles of streamlined and efficient, fair and just, clear powers and responsibilities, and social governance.
Article IV of the province's emissions permit management of enterprises, institutions and other production operators (hereinafter referred to as emissions units), according to the amount of pollutants generated, emissions and other factors to implement emissions permit management focus, simplified management.
The implementation of key management and simplified management of emissions units shall apply for and obtain an emissions permit in accordance with the provisions of this regulation. Emission units that have not obtained an emission permit, shall not discharge pollutants.
According to the law does not require the implementation of emissions permit management of enterprises, institutions and other production operators, should fill out the emissions registration form.
Emission permit management of the scope of emissions units, implementation steps, management categories and the implementation of emissions management of enterprises, institutions and other production operators range, in accordance with the relevant national directory implementation.
Article V above the county level people's government departments in charge of ecological environment is responsible for the organization, implementation and supervision of the administrative region emissions permit. Specific approval authority shall be separately provided by the competent department of ecological environment of the provincial people's government.
Article VI of the competent department of ecological environment shall be through the emissions permit management information platform for emissions permit review and decision.
Self-monitoring of emissions units, implementation reports and supervision and management information of the competent ecological and environmental departments shall be recorded on the emissions permit management information platform and in accordance with the provisions of the public.
Article VII of the people's government above the county level shall include the costs of supervision and management of emissions permits in the financial budget at this level.
Article 8 The people's governments at or above the county level shall carry out emissions permits as the competent department of the ecological environment of the people's government at this level and its person in charge and the people's government at the lower level and its person in charge of the assessment.
Chapter II Application and Approval
Article IX emissions unit shall apply for and obtain an emissions permit from the competent department of ecology and environment in accordance with the provisions of these Regulations before the actual discharge occurs.
Before the implementation of these regulations has occurred the actual discharge of sewage units, shall apply for and obtain a discharge permit in accordance with relevant state regulations.
Article X of the application for an emissions permit emissions units, you can fill out and submit the emissions permit application materials through the emissions permit management information platform.
Emission permit application materials shall include the following materials.
(A) emissions permit application form, including basic information about the emissions unit, production and emission links and pollution prevention facilities, emissions information, self-monitoring program and the total amount of key pollutants control indicators;
(B) construction project environmental impact report (table) approval documents or environmental impact registration form filing materials;
(C) other materials required by law and regulations.
Centralized sewage treatment facilities for the operation and management units, in addition to the submission of the materials specified in the second paragraph of this article, should also be submitted to the scope of pollution, sewage disposal units list, the layout of the network, the final discharge destination and other materials.
Through the pollutant substitution reduction of the total emissions of key pollutants to control the emissions of units, in addition to submitting the materials specified in the first paragraph of this article, should also be submitted to the total emissions of key pollutants to control the indicators of materials.
Laws and administrative regulations on emissions permit application materials otherwise specified, from its provisions.
Article XI of the implementation of emission permits focus on the management of emissions units in the submission of applications for emission permits before, through the emission permit management information platform to the community to disclose the basic information of the emissions unit, the proposed application for permission to explain the matter material. The time limit for disclosure shall not be less than five working days.
Article XII of the competent department of the ecological environment after receiving the application materials for emission permits, shall be processed in accordance with the following circumstances.
(A) in accordance with the provisions of this Ordinance is not required to obtain an emissions permit, the emissions unit shall be informed of the need not to apply for;
(B) does not fall within the competence of the administrative organ, shall make a decision not to accept, and inform the sewage unit to have the right to approve the application of the competent department of ecology and environment;
(C) application materials are incomplete or do not meet the requirements, should be informed on the spot or within three working days, a one-time unit of emissions need to make up all the materials. Late notification of the date of receipt of the application materials shall be deemed to be accepted;
(D) falls within the purview of the administrative organs, the application materials are complete and in compliance with the provisions, or sewage units to submit all the corrective application materials as required, shall be accepted.
The competent department of ecology and environment shall make the decision to accept or reject the application for emission permit on the emission permit management information platform, and inform the emission unit.
Article XIII of the new construction, alteration, expansion of emissions units through alternative reduction of pollutants to obtain the total emissions of key pollutants control indicators, the emission units to give up the total emissions of key pollutants control indicators should have completed the change of emission permits.
Article XIV of the competent department of ecological environment shall review the application materials submitted by the emissions unit, meet the following conditions, make a permit decision.
(A) according to law to obtain the construction project environmental impact report (table) approval documents or environmental impact registration form filing materials;
(B) pollutant emissions meet the requirements of pollutant emission standards; key pollutant emissions in line with the technical specifications for the application and issuance of emission permits, environmental impact report (table) approval documents and the total emissions of key pollutants control requirements;
(C) pollution prevention and control facilities have the ability to meet the permitted emission concentration requirements or meet the feasible technical requirements of pollution prevention;
(D) self-monitoring points, indicators, frequency, etc. in line with national and provincial regulations;
(E) other conditions stipulated in laws and regulations.
Laws and administrative regulations on the permit conditions otherwise specified, from its provisions.
Application materials in doubt, the competent department of ecological environment can carry out on-site verification.
Article XV of the competent department of ecology and environment shall make a decision within twenty days from the date of acceptance of the application whether to grant the permit. Within the specified time limit can not make a decision, approved by the head of the department, can be extended by ten days, and will extend the period of time to inform the emissions unit of the reasons.
The decision to grant the permit shall be issued within ten days from the date of the decision to the emissions unit emissions permit. The decision not to grant permission, the reasons and basis for not granting permission shall be informed of the emissions unit.
The need for on-site verification, the competent department of ecological environment shall be completed within the period specified in the first paragraph of this article; according to law, the need for hearings, inspection, testing and expert review, the time required is not calculated in the first paragraph of this article. The competent department of ecological environment shall inform the emissions unit of the time required.
Article XVI of the competent ecological and environmental departments in accordance with national and provincial pollutant emission standards, to determine the discharge unit emission ports or disorganized emission sources corresponding to the permitted concentration of pollutants emitted.
Emission units committed to implement more stringent emission concentrations, shall be contained in the emission permit.
Article XVII of the competent ecological and environmental departments in accordance with the technical specifications for the application and issuance of emission permits, has been legally decomposed and implemented to the discharge unit of the total emissions of key pollutants control indicators, environmental impact assessment documents and their approval, approved the discharge unit's permitted emissions.
Article 18 The emission unit shall be based on the technical guidelines for source accounting of pollution sources, environmental impact assessment guidelines, emission permit application and issuance of technical specifications and other relevant technical specifications, approved by law should be environmental impact assessment of the construction project production and emission links, pollution prevention measures and other information, to provide the basis for the management of emission permits.
Article XIX emissions permit shall contain the following licensing matters.
(A) the name of the emissions unit, residence, legal representative or principal person in charge, the location of production and business premises and other information;
(B) the validity period of the discharge permit, the issuing authority, the date of issue, the certificate number and two-dimensional code and other basic information;
(C) emission ports, the location and number of disorganized emission sources, emission patterns, emission directions, etc.;
(D) emissions, disorganized emission sources emitting pollutants, the type of permitted emission concentrations, permitted emissions, etc.;
(E) the type of industrial solid waste, storage, disposal and other environmental management requirements;
(F) air, water, soil, noise and other pollution prevention and control requirements;
(G) self-monitoring, accounting records, implementation reports and other environmental management requirements;
(H) other matters required by law and regulations.
Environmental impact assessment documents and their approval of the main content related to the discharge of pollutants should be incorporated into the discharge permit.
Article 20 The discharge permit shall take effect from the date of the decision to grant the permit, and shall be valid for five years.
Article 21 of the discharge permit expires, the emission unit needs to continue to discharge pollutants, shall apply to the competent department of ecology and environment sixty days before the expiry of the application form for renewal and other materials required by laws and regulations.
The competent department of ecology and environment shall review the application materials in accordance with the provisions of these regulations, and within twenty days from the date of acceptance of the application to renew or not renew the permit decision.
Article 22 Within the validity period of the emission permit, the following matters have changed, the emission unit shall apply to the competent department of ecology and environment within the specified time to change the emission permit.
(A) emissions unit name, residence, legal representative or principal person in charge and other basic information within thirty days of the date of change;
(B) emissions unit in the original site of the implementation of new, alteration, expansion projects or technological transformation projects should be carried out environmental impact assessment, after obtaining environmental impact assessment approval documents, within thirty days before the change in emissions behavior;
(C) within thirty days before the change in licensing matters due to emissions units;
(D) the newly developed or revised national and provincial pollutant emission standards within thirty days before implementation;
(E) the implementation of the legal decomposition of the total emissions of key pollutants within thirty days of the date of change in the control index;
(F) laws and regulations require changes in other circumstances.
The circumstances specified in the preceding paragraph, the laws and administrative regulations require re-application for emission permits, from its provisions.
Application for changes in emissions units shall be submitted to the competent authorities of the ecological environment in accordance with the law to change the application form and other materials required by law and regulations. The competent ecological and environmental departments shall make a change decision within twenty days from the date of acceptance of the application.
After the change of the emission permit period is still calculated from the date of issuance of the original certificate.
Article 23 The loss or destruction of the discharge permit, the emissions unit shall apply to the competent department of ecology and environment within thirty days to obtain a replacement discharge permit. Damage to the discharge permit, should be returned at the same time the destroyed discharge permit.
The competent department of ecology and environment shall issue a replacement permit within ten days after receiving the application for replacement, and shall make an announcement.
Chapter III Implementation and Supervision
Article 24 The discharge unit shall establish an eco-environmental management system, comply with the provisions of the discharge permit, operate and maintain pollution prevention facilities in accordance with the requirements of eco-environmental management, set up pollutant discharge ports and information signs, and strictly control the discharge of pollutants.
Article 25 The actual emission data of the emission unit shall be shared with the relevant departments in accordance with the provisions, and as the annual ecological and environmental statistics, the assessment of the total amount of pollutant emissions, the preparation of the emission list of pollution sources, emissions trading, a unified source of data and environmental protection tax levied, the basis for the approval of environmental tariffs.
Article 26 emissions units emitting pollutants in one of the following cases, the relevant departments shall be included in the list of key enterprises of mandatory cleaner production audits.
(A) exceed the national and provincial emission standards or exceed the total emission control targets for key pollutants;
(B) the use of toxic and hazardous raw materials for production or in the production of toxic and hazardous substances emitted.
Polluting units shall be clean production audit and acceptance into the implementation report.
Article 27 The emission unit shall, in accordance with the provisions of the emission permit and relevant technical guidelines, such as self-monitoring, calibration of abnormal data, save the original monitoring records, and be responsible for the authenticity and accuracy of self-monitoring data.
In accordance with the provisions of the need to install automatic monitoring equipment emissions units, should be installed, used and maintained by themselves, and the competent ecological and environmental monitoring equipment networking, and to ensure the normal operation of automatic monitoring equipment.
Article 28 The emission unit shall establish an environmental management ledger record system in accordance with the provisions of the emission permit, according to the format, content, frequency and other requirements of the emission permit, the main production facilities and pollution prevention facilities, the operation of pollutant emissions concentration and actual emissions and other content.
Pollutant emission units found in excess of the standard or abnormal emissions, should promptly report the ecological and environmental authorities and relevant departments, and take measures to eliminate, mitigate the consequences of harm, truthful accounting records.
Article 29 The emission unit shall, in accordance with the content, frequency and time requirements of the emission permit, submit an implementation report to report the emission behavior, emission concentration, actual emissions, etc. whether the emission permit provisions.
Article 30 The emission unit shall, in accordance with the provisions of the emission permit, in the emission permit management information platform truthfully disclose information related to pollutant emissions, including the main types of pollutants, actual emission concentrations and emissions, construction and operation of pollution control facilities, self-monitoring data, implementation reports, etc.
Article 31 The need to fill out the emissions registry of enterprises and other production operators shall, before the actual emissions occur, register on the emissions permit management information platform the basic information about the emissions unit, the direction of pollutant emissions, the implementation of pollutant emission standards and pollution prevention measures taken.
The implementation of emissions registration management of enterprises and other production operators to submit the authenticity and completeness of the emissions registration information is responsible for, and bear the corresponding legal responsibility.
Registration of emissions is valid for three years.
Article 32 The competent department of ecological environment shall combine the province's environmental quality improvement needs, the relevant regions, streams (sea) of the main pollutants, by raising emission standards or tightening the permitted emissions and other measures to implement stricter control of the total amount of pollutant emissions of sewage units.
Article 33 The competent department of the ecological environment of the people's government at or above the county level shall unify the enforcement and inspection of pollution sources into the annual enforcement and inspection plan of emission permits, and reasonably determine the focus of enforcement and inspection, inspection frequency and inspection methods according to the classification of emission permits, environmental credit evaluation of emission units and ecological environment management requirements and other factors.
Article 34 The emission unit shall cooperate with the competent department of ecological environment supervision and inspection, truthfully reflect the situation, and provide emission permits, ledger records, emission permit implementation reports, self-monitoring data and other related materials.
Article 35 The implementation of the discharge permit shall be an important basis for post-evaluation of environmental impact.
Article 36 The emission unit may entrust technical service agencies to carry out emissions permit services, technical service agencies shall carry out the relevant work in accordance with law, be responsible for the technical reports submitted by them, and accept supervision and inspection by the competent department of ecology and environment.
Article 37 The competent department of the ecological environment of the people's government at or above the county level shall establish a mechanism for sharing emissions information and joint rewards and punishments, and improve the environmental credit management system. Environmental protection integrity information shall be used as a reference basis for supervision and management, financial subsidies, government procurement, bank loans, financing, etc.
Article 38 The higher-level ecological and environmental authorities shall strengthen the supervision and inspection of the implementation of the lower-level ecological and environmental authorities of sewage permits, and correct violations in a timely manner.
Article 39 The competent ecological and environmental departments of the people's governments at or above the county level shall establish a complaint reporting system, publish telephone numbers, mailing addresses and e-mail addresses, etc..
Encourage citizens, legal persons and other organizations to supervise the discharge behavior according to law.
Qualified social organizations and relevant organs may bring environmental public interest litigation in accordance with law.
Chapter IV Legal Liability
Article 40 In violation of the provisions of these regulations, the emissions unit has one of the following acts, the competent department of ecological environment of the people's government at or above the county level shall order correction or order to limit production, stop production and rectification, and impose a fine of one hundred thousand yuan or more than one million yuan; in serious cases, reported to the approval of the people's government with the right to approve, ordered to cease operations, close.
(A) emissions of pollutants without a permit;
(B) emissions permit expires without applying for renewal or application for renewal but the discharge of pollutants without permission;
(C) by law, the revocation, cancellation, revocation of the discharge permit to continue to discharge pollutants;
(D) according to the law should re-apply for a discharge permit, did not re-apply for the emission of pollutants.
Emission registration management of enterprises, institutions and other production operators in accordance with the provisions of this regulation for the emission of pollutants, the competent department of the people's government at or above the county level for ecological environment shall order rectification within a specified period, and impose a fine of not less than five thousand yuan fifty thousand yuan.
Article 41 violation of the provisions of these Regulations, emissions units exceed the emission standards or the total emission control targets of key pollutants emitted pollutants, the competent department of the people's government at or above the county level of ecological environment shall order rectification or order to limit production, shut down and rectification, and impose a fine of more than one hundred thousand yuan to one million yuan; the circumstances are serious, the approval of the people's government with the right to approve, ordered to cease operations, close.
Emission units exceed the commitment to implement the more stringent permitted emission concentrations, but does not exceed the national and provincial pollutant emission standards, the relevant departments to suspend or cancel its commitment to enjoy financial subsidies, government procurement, bank loans, financing and other preferential policies.
Article 42 In violation of the provisions of these regulations, the emissions unit has one of the following evasion of supervision, by the people's government at or above the county level, the competent department of ecological environment shall order correction or restrict production, shut down and rectification, and impose a fine of more than 100,000 yuan to one million yuan; the circumstances are serious, reported to the approval of the people's government with the right to approve, ordered to cease operations, close.
(A) the use of seepage wells, seepage pits, fissures, caves, private dark pipes, filling, or improper operation of pollution prevention and control facilities to avoid supervision of the discharge of pollutants;
(B) to avoid on-site inspection for the purpose of temporary shutdown, non-emergency open emergency discharge channels and other ways to avoid supervision of the discharge of pollutants;
(C) tampering or falsification of monitoring data.
Article 43 In violation of the provisions of these regulations, the emissions unit has one of the following acts, the competent department of the ecological environment of the people's government at or above the county level shall order rectification and impose a fine of more than 20,000 yuan and less than 200,000 yuan; refuses to rectify, ordered to stop production and remediation.
(A) the location or number of discharge ports do not meet the provisions of the discharge permit;
(B) pollutant emissions or emissions do not comply with the discharge permit;
(C) encroachment, damage or unauthorized movement, change the environmental monitoring equipment or automatic monitoring equipment for pollutant emissions;
(D) not in accordance with the provisions of the discharge permit to carry out self-monitoring or save the original monitoring records;
(E) not in accordance with the provisions of the discharge permit installation, use of automatic monitoring equipment, or automatic monitoring equipment is not networked with the monitoring equipment of the ecological and environmental authorities, or does not ensure the normal operation of automatic monitoring equipment;
(F) other violations of laws and regulations to control pollution requirements.
Article 44 Violation of the provisions of these regulations, sewage units have one of the following acts, the competent department of ecological environment of the people's government at or above the county level shall order rectification and impose a fine of not less than one thousand yuan and not more than 20,000 yuan, as otherwise provided by laws and administrative regulations, from its provisions.
(A) failure to establish an environmental management ledger record system or not in accordance with the format, content and frequency requirements of the discharge permit to record the ledger;
(B) not truthfully recorded, falsified, falsified or tampered with the ledger records.
Article 45 In violation of the provisions of these regulations, the discharge unit has one of the following acts, the competent department of ecological environment of the people's government at or above the county level shall order correction and impose a fine of not less than five thousand yuan and not more than one hundred thousand yuan.
(A) Failure to submit an implementation report in accordance with the provisions of the emission permit;
(B) falsification, forgery, falsification of the implementation report of the operation of pollution prevention and control facilities and the implementation of permit matters record;
(C) not in accordance with the provisions of the discharge port information signage.
Article 46 violation of the provisions of these regulations, emissions units are not in accordance with the provisions of the public or not truthfully disclose information on the implementation of emission permits, by the people's government at or above the county level ecological and environmental authorities shall order correction, and impose a fine of more than 20,000 yuan to 200,000 yuan; refuses to correct, ordered to stop production and remediation.
Article 47 of the following acts, sewage units subject to fines, was ordered to correct, refuses to correct, the competent department of the people's government at or above the county level for ecological environment in accordance with law can be ordered to correct the day after the date of the original penalty amount in accordance with the amount of consecutive penalties on a daily basis.
(A) emissions permit not obtained in accordance with the law or emissions permit is invalid, revoked, suspended, canceled after the discharge of pollutants;
(B) exceed the emission standards or exceed the total emission control indicators of key pollutants to discharge pollutants;
(C) through the evasion of supervision of pollutants emitted;
(D) emissions of pollutants without registration.
Article 48 should be implemented to focus on the management or simplify the management of emissions units, unauthorized reduction to registered management, the people's government at or above the county level, the competent department of ecological environment shall confirm the registration is invalid, disclose to the public, order correction and shall be punished in accordance with law.
Article 49 In violation of the provisions of these regulations, technical service providers falsify, the competent department of the ecological environment of the people's government at or above the county level shall order correction and impose a fine of more than double or less than three times the amount charged, recorded in the social integrity file, and published on the emission permit management information platform.
Article 50 The competent department of ecological environment in the discharge permit management activities, one of the following circumstances, the people's government at this level or the relevant competent department of the people's government at a higher level shall order correction, and directly responsible for the competent person or other directly responsible person shall be punished according to law; constitutes a crime, be held criminally responsible according to law.
(A) in line with the conditions of acceptance is not accepted;
(B) meet the permit conditions are not approved or not in accordance with the prescribed time for approval;
(C) does not meet the permit conditions to make a permit decision or exceed the authority to make a permit decision;
(D) abuse of power, dereliction of duty, favoritism and corruption;
(E) not in accordance with the provisions of the public information;
(F) not in accordance with the provisions of the regulatory responsibilities, resulting in serious consequences;
(G) other circumstances that should be held accountable according to law.
Article 51 Violation of the provisions of these Regulations, according to the State Council has determined the relative concentration of administrative penalties by the city, county, autonomous county comprehensive law enforcement departments to deal with, from its provisions.
Article 52 The violation of the provisions of these Regulations, other acts, the Regulations do not set penalties, other relevant laws and regulations have penalty provisions, from their provisions.
Chapter V By-laws
Article 53 The management of pollutant emissions from motor vehicles, ships and other mobile sources, in accordance with the provisions of relevant laws and regulations.
Article 54 The specific application of these regulations, the provincial people's government shall be responsible for the interpretation.
Article 55 These Regulations shall come into force on March 1, 2020.
