Article 29 [emission port settings] emission units shall set up pollutant emission ports in accordance with laws and regulations and the provisions of the competent ecological and environmental departments, and set up emission port signage.
Article 30 [types of pollutants emitted] emission units can discharge the types of pollutants specified in the discharge permit, the discharge of the type of pollutants not specified, shall promptly report to the competent ecological and environmental authorities and relevant departments, timely change the discharge permit or stop discharging such pollutants.
Article 31 [Prevention and control of disorganized emissions] emission units should be strictly in accordance with the requirements of the discharge permit to prevent and control disorganized emissions, centralized collection or confinement, to take measures to prevent leakage, leakage and other measures.
Article 32 [Self-monitoring] emissions units should be in accordance with the emissions permit and other provisions, the installation or use of national ecological monitoring, measurement certification and other provisions of the instrumentation, in accordance with the provisions of the maintenance of monitoring facilities, self-monitoring, timely disclosure of monitoring information, save the original monitoring records.
The implementation of emission permits focus on the management of sewage units, should be installed in accordance with the provisions of the emission permit and the relevant standards and norms of automatic monitoring equipment, and monitoring equipment networking with the competent ecological and environmental departments to ensure the normal operation of monitoring equipment and public monitoring information in accordance with the law. Emission units shall be responsible for the authenticity and accuracy of monitoring data, and shall not falsify, tamper, forge or instruct tampering, falsification of monitoring data.
Pollution units found that the automatic monitoring equipment transmission data abnormalities, should be timely inspection, repair, record and report.
Article 33 [ledger records] emissions unit shall establish an environmental management ledger record system, according to the relevant provisions of the format, content and frequency requirements, a factual record of the main production facilities and pollution prevention facilities and operation of excessive emissions and other abnormalities, record the concentration of pollutant emissions and actual emissions. Ledger records should be kept for a period of not less than five years.
Found exceeded or abnormal conditions, the emissions unit shall immediately take measures to avoid pollution accidents, eliminate and mitigate the harmful consequences, and promptly report to the competent ecological and environmental authorities and relevant departments, exceed the standard or abnormal conditions of pollutant emissions are counted as actual emissions.
Article 34 [Executive Report] emissions unit shall, in accordance with the relevant provisions of the content, frequency and time requirements, on time and truthfully declare the implementation of the report, clear control of pollutant emissions behavior and pollutant emissions concentration, the actual emissions meet the requirements of the emissions permit permit matters, and the authenticity of the implementation of the report, the integrity of responsibility, according to the requirements of information disclosure.
Discharge permit is valid due to planned shutdown does not produce and discharge pollutants, should be truthfully stated in the implementation report.
Article 35 [with the inspection] emission units should cooperate with the competent ecological and environmental departments to supervise and inspect, take the initiative to show the discharge permit, truthfully reflect the situation and provide the ledger records, implementation reports and other relevant materials.
Article 36 [information disclosure] emissions unit shall, in accordance with the provisions of the discharge permit, and other pollutant emissions information in the national emissions permit management information platform recorded and public. Pollutant emissions information mainly includes: emission concentrations and actual emissions, construction and operation of pollution prevention facilities, self-monitoring data, implementation reports, etc.
Article 37 [license management] emissions units shall properly store the emissions permit, to ensure that the emissions permit remains intact, has not been damaged, and in the production and business premises to facilitate public viewing area to hang the original emissions permit for public supervision. Prohibit the alteration or use of forged emission permits, and prohibit the illegal transfer of emission permits by way of renting or lending.
Chapter IV Supervision and Administration
Article 38 [on-site verification] the implementation of emission permits focus on the management of emission units to obtain emission permits, the competent ecological and environmental departments have the authority to issue the ecological environment shall, within sixty days, organize the implementation of on-site verification of the basic information of the emission permit, registration matters and the authenticity of licensing matters. The actual discrepancy with the discharge unit shall be ordered to rectify or correct the discharge permit; refuse to rectify or can not be corrected, the discharge permit shall be cancelled. On-site verification of pollutant emissions found in violation of the provisions of the discharge permit, the verification shall promptly inform the ecological and environmental law enforcement agencies.
Article 39 [enforcement inspection] ecological and environmental law enforcement agencies or other departments with ecological environmental protection supervision and management responsibilities, in accordance with law enforcement norms to carry out on-site enforcement inspection, or through the national emissions permit management information platform related data information, other written materials and other means of off-site enforcement inspection.
Local ecological and environmental authorities above the municipal level, the implementation of the emission permit shall focus on the management of sewage units identified as key emission units.
Article 40 [frequency of inspection] ecological and environmental law enforcement agencies shall include emissions permit enforcement inspection into the annual plan of ecological and environmental law enforcement. During the validity of the emission permit, at least one enforcement inspection shall be carried out on the implementation of the emission permit key management and simplified management of sewage units. For sewage units with multiple violation records, the frequency of inspections should be increased. For seasonal production of sewage units, inspections should be carried out during the production season.
Article 41 [emission concentration check] The competent department of ecological environment can monitor the pollutant emission concentration of the emission unit through the national emission permit management information platform, found that there is an emission concentration higher than the permitted emission concentration, the emission unit shall be required to provide timely accounting records, implementation reports and self-monitoring data for verification, determine whether the pollutant emission concentration is in accordance with the provisions of the emission permit, if necessary, should promptly organize law enforcement monitoring.
The competent department of ecological environment can obtain the pollutant emission concentration of the emission unit through law enforcement monitoring, automatic monitoring, the national emission permit management information platform, the emission concentration does not meet the requirements of the permitted emission concentration or does not meet the relevant provisions of law enforcement monitoring, can be used as evidence of punishment.
Article 42 [Inspection of the total amount of emissions] The competent department of ecology and environment in accordance with Article 24 of these regulations to determine the emissions of emission units permit, through the supervision and management of the competent department of ecology and environment and law enforcement inspection data, as well as emissions units of the ledger records, self-monitoring data, implementation reports and other materials, to check the total amount of pollutants emitted by emission units in the specified cycle.
Article 43 [Inspection of pollution prevention and control facilities] The competent department of ecological environment shall determine whether the operation and maintenance of pollution prevention and control facilities are in compliance with the provisions of the emission permit against the records in the ledger and on-site conditions.
The competent department of ecological environment of the State Council to organize the preparation of pollution prevention and control of feasible technical guidelines. For those who do not use feasible technologies specified in the national pollution prevention and control technology guide, a comprehensive determination shall be made based on the implementation report, ledger records, self-monitoring data and supervisory monitoring data to determine whether the emission permit requirements can be stably met, and to increase the frequency of inspection for those who cannot stably meet the standards.
Article 44 [validity determination] national emissions permit management information platform recorded in the electronic information related to the emissions permit and the original, copy of the emissions permit has the same effect.
Self-monitoring data of the emission unit and the law enforcement monitoring data in accordance with the statutory monitoring standards and monitoring methods are inconsistent, the law enforcement monitoring data shall prevail. The criteria for determining inconsistency between law enforcement monitoring and self-monitoring data shall be separately stipulated by the competent department of ecology and environment.
Article 45 [Data Application] The information in the ledger records and enforcement reports can be used as the basis for inspection and enforcement.
The actual emissions in the implementation report can be used as an important reference for environmental protection tax collection, annual ecological and environmental statistics, total pollutant assessment, and the preparation of pollution source emission inventories.
Article 46 [Commissioned technical services] The competent department of the ecological environment can be through the government to purchase services, the organization or commission technical service institutions to provide the following technical services.
(A) to assist in the completion of the emission permit application materials review.
(B) to assist in the implementation of emissions permit supervision and management, including but not limited to assistance in the verification of emissions units self-monitoring data, ledger records and implementation reports and assistance in conducting various spot checks, special inspections, etc.
(C) to assist in the continuous tracking study of the emissions permit system
(d) to assist in the construction, operation and management of the national emissions permit management information platform.
Technical service providers should be responsible for the content of the services they provide, and shall not charge any fees for emissions units.
Article 47 [enforcement results] law enforcement officers shall adhere to the combination of punishment and education, informing the emissions unit of the problems and related requirements, and educate the emissions unit consciously abide by the law.
The results of the penalties imposed on sewage units in accordance with these regulations, the competent department of ecology and environment shall be made public to the community.
Article 48 [credit management] The competent department of ecology and environment shall discharge without a permit or not in accordance with the permit to cause serious environmental impact, as well as repeatedly notified by the competent department of ecology and environment emissions unit information to the public, the ecological and environmental violations into the social credit system.
The competent department of ecology and environment to revoke the discharge permit, ban or stop the discharge of pollutants other than the violation of the permit, in addition to administrative penalties, the implementation of a cumulative point system, the cumulative points reached the required score, or more than three fines in a year, the implementation of the red card warning, revoke the discharge permit, and may not reapply within six months. The specific measures shall be prescribed by the competent department of ecological environment under the State Council.
The competent department of ecology and environment shall restrict or implement market entry measures, lower the credit rating level, strengthen the review, increase the frequency of implementation reports, and include in the industry blacklist, for sewage discharge units that repeatedly and seriously violate the emission permit. Specific measures to be prescribed by the State Council department in charge of ecological environment.
Article 49 [Supervision and inspection] The higher-level competent department of ecology and environment shall supervise and inspect the issuance and supervision of discharge permits by the lower-level competent department of ecology and environment, and promptly correct any misconduct in the implementation of discharge permits.
Article 50 [social supervision] encourage citizens, legal persons and other organizations to the competent department of ecology and environment to report violations of the Ordinance.
The ecological environment departments in charge of receiving reports shall deal with them in accordance with the law, timely enforcement and inspection of the reported emissions units, in accordance with relevant provisions of the investigation results to feedback, for the confidentiality of the whistleblower.
Chapter V change, renewal, revocation
Article 51 [change circumstances] During the validity of the discharge permit, the following matters related to the discharge unit changes, the discharge unit shall apply for a change in the discharge permit within the prescribed time to the original ecological and environmental authorities issued by the discharge permit.
(a) The name, address, legal representative or principal person in charge of the discharge unit within thirty working days after the date of change of the basic information contained in the original copy.
(B) emissions units in the original site to implement new, reconstruction, expansion projects and technological transformation projects should be carried out environmental impact assessment, after obtaining approval of environmental impact assessment documents, within thirty working days before the date of change in emissions behavior.
(C) for reasons of emissions units, within thirty working days before the date of the change in licensing matters.
(d) new legal and regulatory requirements or changes in existing legal and regulatory requirements, within thirty working days from the date of implementation of laws and regulations.
(E) within thirty working days before the implementation of the newly formulated and revised national and local pollutant emission standards
(F) the local people's government in accordance with the law to develop emergency plans for heavy polluted weather, within thirty working days after the implementation of special time requirements.
(vii) within thirty working days after the implementation of the legal decomposition of the total emission control targets of key pollutants change.
(H) the local people's government in accordance with the law within thirty working days after the implementation of the deadline for compliance planning.
(I) laws and regulations require changes in other cases.
Article 52 [change application] emissions units to apply for changes in emissions permits, the following application materials shall be submitted.
(A) the application for change of emission permits.
(B) by the legal representative of the emissions unit or the principal person in charge of the signature or seal of commitment.
(C) other materials related to the change of emissions permit matters.
The emission unit shall undertake in writing to change the authenticity, legality and completeness of the application materials are legally responsible, and the strict implementation of the provisions of the changed emission permit.
The occurrence of Article 51 (a) of these regulations changes, but also should be submitted to the original emissions permit.
The occurrence of Article 51 (b) to (ix) changes in this Ordinance, shall also submit a copy of the discharge permit.
Article 53 [change decision] The competent department of the ecological environment shall review the application materials for change, meet the statutory conditions, standards, shall be changed in accordance with the law, the decision to make changes in the national emissions permit management information platform announcement.
The occurrence of Article 51 (a) of the changes in the discharge permit copy of the record of the changes, and the original discharge permit issued, the original original discharge permit back.
Article 51 (2) to (5) of the Ordinance, the change occurs, the copy of the emissions permit is issued, and the original copy of the emissions permit is withdrawn.
In the event of changes in Article 51 (6) to (9) of this Regulation, the change and the changed permit will be recorded in the copy of the discharge permit.
Article 51 (a) of these Regulations, the start and end of the emission permit period remains unchanged; Article 51 (b) to (ix) of these Regulations, the change in the emission permit period from the date of change, since the expiration date of the original emission permit.
Article 51 (a) of these regulations, the competent department of ecological environment shall accept the application for change within ten working days from the date of the change decision; other circumstances specified in Article 51 of these regulations, the application for change shall be accepted within twenty working days from the date of the change permit decision.
Article 54 [Renewal of circumstances] emissions permit validity needs to be renewed, the emissions unit shall be issued within thirty working days before the expiry of the emissions permit to the original ecological and environmental authorities to apply.
Article 55 [Application for renewal] application for renewal of the discharge permit, the following materials shall be submitted.
(A) the application for renewal of the discharge permit.
(B) by the legal representative of the emissions unit or the principal person in charge of the signature or seal of commitment.
(C) the original and a copy of the discharge permit.
(D) other materials related to the continuation of emissions permit matters.
Article 56 [renewal decision] The competent department of ecological environment shall review the application materials for renewal in accordance with the provisions of Article 55 of the Ordinance, and make a decision to renew or not renew the permit within twenty working days from the date of acceptance of the renewal application.
The decision to renew the permit, the emissions unit issued to the administrative organs stamped emissions permit, the original and copies of the original emissions permit, while the national emissions permit management information platform on the announcement.
Article 57 [Revocation] In one of the following cases, the competent department of ecological environment or its higher administrative organs, can revoke the discharge permit and the national emission permit management information platform announcement.
(A) exceeded the statutory authority to issue emissions permits.
(B) violation of the statutory procedures for the issuance of emission permits;
(C) the issuing officer abuse of power, negligence in the issuance of emission permits;
(D) the applicant does not have the qualifications or does not meet the legal conditions for the granting of emissions permits;
(E) other circumstances that can be revoked by law.
To deceive, bribery and other improper means to obtain a discharge permit, shall be revoked.
In accordance with the provisions of the preceding paragraph revoke the discharge permit, may cause significant damage to the heating, water supply, pollution control and other public interests, will not be revoked.
Article 58 [Withdrawal] emissions units in accordance with the law to obtain the discharge permit is protected by law, the competent department of ecology and environment or its higher administrative organs shall not change the discharge permit has come into force. Discharge permit based on the laws, regulations, rules and regulations amended or repealed, or the granting of administrative permits based on objective circumstances have changed significantly, in the public interest, the competent department of ecology and the environment or its higher administrative organs can withdraw the discharge permit has been in effect, and the national discharge permit management information platform announcement. The resulting property losses to the emissions unit, the competent department of ecology and environment or its higher administrative organs shall give compensation in accordance with law.
Article 59 [Cancellation] In one of the following cases, the competent department of ecology and environment shall handle the cancellation of the emission permit, and the national emission permit management information platform on the announcement: (a) the expiration of the validity period of the emission permit.
(A) the expiration of the emissions permit, not renewed;
(B) emissions units terminated in accordance with the law;
(C) emissions permits are revoked, withdrawn, or emissions permits are revoked in accordance with the law;
(D) due to force majeure resulting in the discharge permit matters can not be implemented;
(E) should be cancelled in other cases.
Article 60 [Lost and replaced] emissions permit is lost or destroyed, the emissions unit shall apply to the competent department of ecology and environment within thirty working days to replace the emissions permit. Lost emission permits, before applying for replacement should be published in the national emission permit management information platform on the loss of declaration. If the discharge permit is damaged, the damaged discharge permit shall be returned at the same time.
The competent department of ecology and environment shall issue a replacement emission permit within ten working days after receiving the application for replacement, and publish a statement on the national emission permit management information platform.
Chapter VI Legal Liability
Article 61 [discharge without a permit] emissions units do not obtain a discharge permit to discharge pollutants, one of the following acts, the competent local ecological and environmental departments at or above the municipal level shall order the cessation of emissions or shut down the production and rectification, the implementation of the discharge permit key management of sewage units and impose a fine of more than five thousand yuan per day, the implementation of simplified management of sewage units and impose a fine of more than two thousand yuan per day; (a) to (c) serious circumstances and (d), shall be reported to the people's government with the right to approve, and ordered to dismantle, suspend operations, close.
(A) according to law should apply for an emission permit but did not apply or apply for an emission permit after the emission of pollutants
(B) the expiration of the discharge permit does not apply for renewal of the discharge permit or renewal application without permission from the local ecological and environmental authorities above the municipal level to start production facilities or discharge pollutants
(C) the discharge of pollutants after the revocation, cancellation or suspension of the discharge permit by law
(D) Article 17 of the provisions of the non-issuance of emission permits for sewage units still emit pollutants.
The implementation of emissions permit registration management of sewage units not in accordance with these regulations to fill out the registration form, by the municipal level or above the local ecological and environmental authorities shall be ordered to register, and impose a fine of up to 50,000 yuan.
Article 62 [violation of the discharge port standardization requirements] violation of the provisions of this Ordinance, one of the following acts, by the local ecological and environmental authorities at or above the municipal level shall be ordered to correct or limit production, shut down and rectification, and impose a fine of more than 20,000 yuan to 200,000 yuan; in serious cases, the approval of the people's government with the right to approve, ordered to cease operations, close.
(A) the location and number of emission ports do not meet the requirements
(B) the pollutant emissions and emissions do not meet the requirements of the way to go
(C) the specific measures to control pollutants do not meet the requirements
(D) the emission of unauthorized types of pollutants.
Article 63 [exceed the concentration of total emissions] violation of the provisions of these regulations, exceed the permitted emission concentration, exceed the permitted emissions of pollutants, the local ecological and environmental authorities at or above the municipal level shall order correction or restrict production, shutdown and remediation, each pollutant, each outfall, respectively, a fine of more than 100,000 yuan or less than one million yuan; the circumstances are serious, the approval of the people's government with the right to approve, ordered to cease operations, close.
Article 64 [violation of the management requirements of sewage] violation of the provisions of these regulations, one of the following acts, the local ecological and environmental authorities at or above the municipal level shall order rectification and impose a fine of not less than 20,000 yuan and not more than 200,000 yuan; in serious cases, a fine of not less than 200,000 yuan and not more than one million yuan.
(A) failure to prevent and control disorganized emissions in accordance with the requirements
(B) special hours without prohibiting or limiting the discharge of pollutants from emission facilities or processes
(C) failure to take measures to prevent leakage, seepage, spillage and dispersion
(D) exceed the type, weight or quantity of solid waste storage, transfer, utilization, disposal as specified in the discharge permit
(E) violation of environmental management requirements of other circumstances.
Article 65 [violation of monitoring facilities requirements] violation of the provisions of these regulations, one of the following acts, the local ecological and environmental authorities at or above the municipal level shall order rectification and impose a fine of not less than 20,000 yuan and not more than 200,000 yuan; in serious cases, a fine of not less than 200,000 yuan and not more than one million yuan; refuses to correct, ordered to stop production and remediation.
(A) encroachment, damage or unauthorized movement, change the ecological environment quality monitoring facilities or automatic monitoring equipment for pollutant emissions.
(B) not in accordance with the requirements of the installation, use of automatic monitoring equipment for pollutant emissions or not in accordance with the requirements of the competent ecological and environmental monitoring equipment networking, and to ensure the normal operation of the monitoring equipment.
Article 66 [violation of self-monitoring requirements] violation of the provisions of these regulations, one of the following acts, by the competent local ecological environment departments above the municipal level shall order rectification and impose a fine of not less than 20,000 yuan and not more than 200,000 yuan; the circumstances are serious, may be imposed a fine of not less than 200,000 yuan and not more than one million yuan.
(A) failure to carry out self-monitoring in accordance with the requirements
(B) failure to maintain the original monitoring records in accordance with the requirements
(C) failure to submit self-monitoring data in accordance with the requirements
(D) tampering and falsification of monitoring data, self-monitoring data is not true, incomplete.
Article 67 [Evasion of supervision] Violation of the provisions of this Ordinance, one of the following acts, the local ecological and environmental authorities at or above the municipal level shall order rectification, and may impose a fine of one hundred thousand yuan or less than one million yuan:
(A) theft of emissions.
(B) temporary suspension of production for the purpose of avoiding on-site inspection.
(C) non-emergency opening of emergency discharge channels.
(D) abnormal operation of pollution prevention facilities.
Article 68 [violation of pretreatment requirements] not in accordance with the provisions of the pretreatment of water pollutants, the discharge of pollutants to centralized treatment facilities do not meet the requirements of the treatment process, by the municipal level or above, the local ecological and environmental authorities shall order correction or restrict production, shutdown and rectification, and impose a fine of one hundred thousand yuan or more than 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.
Article 69 [violation of the ledger record (daily penalty)] violation of the provisions of these regulations, one of the following acts, by the local ecological and environmental authorities at or above the municipal level shall order rectification and impose a daily fine of more than one thousand yuan and less than twenty thousand yuan; refusal to rectify, the administrative organ that made the penalty decision in accordance with law may, from the day after the date of ordering rectification, in accordance with the amount of the original penalty on a continuous daily basis.
(A) failure to record the ledger in accordance with the requirements of the discharge permit
(B) the contents of the ledger is not true, incomplete.
Article 70 [violation of the implementation of the report (by penalty)] in violation of the provisions of these regulations, one of the following acts, the local ecological and environmental authorities at or above the county level shall order correction and impose a fine of not less than five thousand yuan each time; refuses to correct, ordered to stop production and remediation.
(A) failure to submit the implementation report in accordance with the requirements of the emissions permit.
(B) the implementation of the report content is not true, incomplete.
Article 71 [violation of information disclosure] Violation of the provisions of these regulations, one of the following acts, the local ecological and environmental authorities at or above the county level shall order rectification within a specified period, and impose a fine of not less than 20,000 yuan and not more than 200,000 yuan.
(A) failure to disclose relevant information in accordance with the provisions of the discharge permit
(B) not truthfully disclose the relevant information.
Article 72 [Failure to cooperate with the inspection] emissions unit refuses to cooperate with the local ecological and environmental authorities above the municipal level to inspect, or falsify the inspection, the local ecological and environmental authorities above the municipal level shall order rectification, and impose a fine of 20,000 yuan or more than 200,000 yuan; in serious cases, revoke the discharge permit.
Article 73 [material falsification] emissions unit to conceal, provide false materials, deception, bribery and other improper means to obtain a discharge permit, the municipal level or above the local ecological and environmental authorities shall order correction, and impose a fine of more than 20,000 yuan to 200,000 yuan; in serious cases, revoke the discharge permit, and may not re-apply for a discharge permit within three years, and impose a fine of more than 200,000 yuan to one million.
If the emission unit specified in the preceding paragraph obtains the emission permit by improper means, the competent department of ecology and environment shall impose a fine of not less than ten thousand yuan and not more than fifty thousand yuan on the person in charge directly responsible and other persons directly responsible; if the circumstances are serious, the person shall be prohibited from engaging in the relevant business for ten years; if the case constitutes a crime, the person shall be prohibited from engaging in the relevant business for life.
Article 74 [mismanagement of certificates] emissions unit alteration of emission permits, illegal transfer of emission permits, lost without timely replacement of emission permits, the local ecological and environmental authorities at or above the municipal level shall order correction and impose a fine of 10,000 yuan or more than 100,000 yuan.
Article 75 [failure to change on time] the occurrence of Article 51 of these regulations change, and sewage units do not change on time, and by the municipal level or above the local ecological and environmental departments shall order correction, and impose a fine of 10,000 yuan or more than 100,000 yuan.
Article 76 [criminal punishment] violation of relevant laws and regulations, shall be held criminally responsible, from its provisions.
Article 77 [Detention] emissions unit has one of the following acts, does not constitute a crime, in addition to punishment in accordance with relevant laws and regulations and the provisions of these regulations, the competent department of ecological environment or other relevant departments will be transferred to the public security organs, the person in charge of its direct responsibility and other persons directly responsible for the detention of more than ten days; less serious cases, detention of more than five days and less than ten days.
(A) discharging pollutants without obtaining a discharge permit, is ordered to stop discharging, and refuses to implement
(B) illegal discharge of pollutants through concealed pipes, seeps, seepage pits, filling or tampering, falsification of monitoring data, or improper operation of pollution prevention and control facilities and other means of evading supervision.
Article 78 [lighter penalty] emissions unit has one of the following circumstances, shall be lighter penalty.
(A) timely reporting of anomalies or exceedance of standards
(B) the initiative to take measures to eliminate or mitigate the harmful consequences of violations, and the environmental impact caused by a lesser degree, the impact of a smaller scope.
(C) with the competent ecological and environmental departments to investigate and deal with violations have meritorious performance.
Minor violations and timely correction, no harm caused by the consequences, no administrative punishment.
Article 79 [heavier penalties] emissions unit has one of the following circumstances, shall be heavily punished.
(A) refusal, obstruction of local ecological environment authorities above the municipal level to inspect, or falsify in accepting the inspection.
(B) falsification of automatic monitoring data or interference with automatic monitoring facilities
(C) bribing or bribing inspectors.
Article 80 [permit does not exempt other legal responsibilities] emissions unit holding a discharge permit does not exempt it from other legal responsibilities for pollution of the environment, ecological damage. Discharge units should not hold a discharge permit to claim not to assume other legal responsibilities.
Article 81 [licensing and punishment independent parallel] has the authority to issue the ecological environment in the process of issuing emission permits, emissions units found to meet the conditions for the issuance of emission permits there are other ecological and environmental violations, should be issued at the same time, while issuing emission permits, according to the law to urge rectification, and transferred to the ecological environment enforcement agencies to administrative penalties.
Article 82 [Third-party responsibility] The local ecological and environmental authorities above the municipal level found that the technical service agencies commissioned to conceal tampering, falsification, major errors, malicious collusion, etc., shall immediately terminate the service relationship, record the integrity of the file, and publish the relevant information on the national emissions permit management information platform; constitutes a crime, be held criminally liable.
Emission units should fulfill their obligations to supervise the technical service organizations entrusted to them and assume responsibility for the behavior of the entrusted technical service organizations. Commissioned technical service organizations and sewage units malicious collusion resulting in serious consequences, should be jointly and severally liable with the sewage units.
For third-party service agencies falsify, the competent department of ecological environment shall impose a fine of more than 100,000 to 500,000; in serious cases, the business of Article 46 shall be prohibited, and a fine of more than 500,000 to one million; if there is illegal income, the illegal income shall be confiscated.
The provisions of the preceding paragraph of the third-party service providers to issue false reports, the competent department of ecology and the environment directly responsible for the competent personnel and other directly responsible personnel, a fine of more than ten thousand fifty thousand; serious circumstances, a ten-year ban on engaging in business under Article 46; constitutes a crime, a lifetime ban on engaging in business under the provisions.
Article 83 [Management Responsibility] The local ecological and environmental authorities above the municipal level in the acceptance, issuance and supervision and enforcement of sewage permits in one of the following acts, by its superior administrative organs or supervisory organs shall order rectification, and directly responsible supervisors or other directly responsible personnel shall be given administrative sanctions; constitutes a crime, shall be held criminally responsible.
(A) meet the conditions of acceptance but did not accept the application in accordance with the law
(B) does not meet the permit conditions in accordance with the law to grant the issuance of emission permits or not within the statutory time limit for the decision to grant the issuance of emission permits.
(C) does not meet the permit conditions for the granting of emission permits or exceed the statutory authority to issue emission permits.
(D) abuse of power, dereliction of duty, favoritism and malpractice
(E) the implementation of emissions permit management without charging fees
(F) failure to disclose information related to emissions permits in accordance with the law
(vii) failure to perform supervisory duties in accordance with the law or ineffective supervision, resulting in serious consequences
(H) other circumstances that should be held responsible according to law.
Chapter VII By-laws
Article 84 [marine discharge permit] marine discharge permit ecological environmental protection management, with reference to the implementation of these regulations, the specific measures by the State Council department in charge of ecological environment is responsible for the development and publication.
Article 85 [secrecy provisions] involving state secrets of the sewage units, the application, acceptance, review, issuance, change, renewal, cancellation, revocation, loss of replacement of their discharge permits shall be implemented in accordance with the provisions of confidentiality.
Article 86 [Military Facilities Management] The management of environmental protection of military facilities construction projects, in accordance with the relevant provisions of the Central Military Commission.
Article 87 [Implementation date] This regulation shall come into force on January.
First, the need for preparation
The full implementation of the pollutant emission permit system is an important deployment of the Party Central Committee and the State Council to comprehensively deepen the reform of the basic system of environmental governance from the overall perspective of promoting the construction of ecological civilization, and is a strategic initiative to effectively improve environmental quality. The revised Environmental Protection Law, Air Pollution Prevention and Control Law and Water Pollution Prevention and Control Law put forward clear requirements for the implementation of the emission permit system.In November 2016, the General Office of the State Council issued the "Implementation Plan for the Control of Pollutant Emission Permit System", marking the implementation phase of China's emission permit system reform. In the past two years, the national ecological and environmental departments at all levels have actively explored and promoted the emission permit system, the Ministry of Ecology and Environment has issued the "Emission Permit Management Measures (for Trial Implementation)" and the "Fixed Pollution Source Emission Permit Classification Management List", basically established an emission permit technical support system with the technical specifications for application and issuance of emission permits as the core, built a nationwide unified emission permit management information platform, and basically completed the implementation of the emission permit system around the thermal power, The issuance of emission permits for 15 industries, such as thermal power, paper, iron and steel, cement, etc., has promoted the shift from crude control to refined control of ecological environmental protection and achieved initial results.
However, in general, there are still many problems that need to be solved in the reform of the emission permit system. Emission permits are not formulated at the level of laws and regulations to rationalize and clarify the system of supervision and enforcement according to the permit has not yet been established, the main responsibility of the emission unit is not in place, the phenomenon of unlicensed emissions, not according to the permit emissions are widespread, the current law does not clarify the legal responsibility of the emission unit, which restricts the implementation of the emission permit system, the need to further improve through the development of regulations.
In order to promote the implementation of the sewage permit legislation, the Ministry of Ecology and Environment has organized research, held seminars, listened to and consulted relevant departments, localities and experts, and formed the "Sewage Permit Management Regulations (Draft for Comments)" (hereinafter referred to as "Regulations") on the basis of fully absorbing the relevant comments and suggestions.
II. Preparation Principles
Establish a "one-permit" management model. The Regulations implement the construction of the emission permit system as the core system of environmental management of stationary sources of pollution, as the basis for enterprise compliance, departmental enforcement and social supervision. Connect and integrate the relevant environmental management system, integrate the total volume control system, organic connection to the environmental impact assessment system, for environmental protection tax collection, annual ecological and environmental statistics, total pollutant assessment, pollution source emission list and other work to provide a unified pollutant emission data. The implementation of the whole process of management and multi-pollutant control of fixed sources of pollution, to achieve systematic, scientific, rule of law, refinement, information technology, "a certificate" management.
Achieve full coverage of fixed sources of pollution. In order to implement the requirement of completing the issuance of emission permits covering all stationary sources of pollution in 2020, the Regulations expand the coverage of emission permits on the basis of the "Management Measures for Emission Permits (Trial)". improved the classification of emissions permit management, and increased the registration of management categories and related content.
Clearly focus on environmental quality improvement. Regulations" to improve environmental quality as the core, the provisions of the environmental quality of substandard areas to improve environmental quality by improving pollutant emission standards, the implementation of stricter control of the total amount of pollutants, in accordance with the evidence to strengthen the supervision after the event, to promote the improvement of environmental quality.
Implementation of the main responsibility of sewage units. The "Regulations" on the emission unit emissions permit application, license management, strictly in accordance with the provisions of the emissions permit; in accordance with laws and regulations and departmental regulations to set up outfalls; in accordance with the requirements of the emissions permit for self-monitoring, truthful records and record keeping ledger records, timely submission of implementation reports, the pollutant emissions information in the national emissions permit management information platform recorded and public; actively cooperate with the competent departments of the ecological environment Carry out supervision and inspection work; establish a credit evaluation system and penalty provisions for unlicensed emissions violations, and strengthen the main responsibility of the emissions unit.
Third, the main content of the Regulations
The Regulations are divided into seven chapters with a total of 87 articles: Chapter I General Provisions, Chapter II Application and Issuance, Chapter III Discharge by Certificate, Chapter IV Supervision and Management, Chapter V Change, Renewal and Revocation, Chapter VI Legal Liability, and Chapter VII By-laws.
General part of a total of 9 articles, provides the purpose of emissions permit management, the scope of application, the object of application, the basic positioning, basic principles, management authority and other content; put forward the idea of classification management; and management platform, funding requirements, to clarify the basic position of the emissions permit system.
The chapter on application and issuance contains 18 articles, which stipulates the application, review and issuance of emission permits in a complete cycle, the materials that enterprises need to provide, the information that should be disclosed, the procedures for acceptance by the competent ecological and environmental authorities, the requirements for review and the provisions for issuance of permits. Provides for the main content of registration management and related requirements. Clarifies the content of the emission permit, and proposes the principles for determining the permitted emissions and permitted concentrations. Clarifies the environmental management requirements in the discharge permit, and stipulates the validity period of the discharge permit.
The chapter on discharge by permit contains 10 articles, which proposes that the discharge unit should do a good job of discharge by permit, license management, discharge strictly in accordance with the provisions of the discharge permit, and set up outfalls and discharge of pollutants in accordance with laws and regulations and departmental regulations, and implement the requirements of disorganized emission prevention and control; provides for self-monitoring of discharge permits, account records, the implementation of the basic content and requirements of the reporting system, and the discharge unit should fulfill the obligations to cooperate with the supervision and inspection of the competent ecological and environmental departments and information disclosure and other provisions.
Supervision and management chapter, a total of 13 articles, the regulatory authorities should be in accordance with the emission permit to carry out supervision and enforcement, on-site verification and law enforcement inspection work in the manner and frequency requirements, as well as by element to specify the total amount of emissions, emission concentrations, pollution control facilities and other emissions permit provisions of supervision and management methods; provides the principles of data validity determination, data application, credit management, commissioned technical services, social supervision and other content.
Change, renewal, revocation of a total of 10 articles in the chapter, a clear change in emissions permits, renewal, revocation, withdrawal, cancellation, loss of replacement and other circumstances of the time limit, the relevant procedures, the required information, validity and other content.
The chapter on legal liability consists of 23 articles, mainly specifying the legal liability and penalties of the competent ecological and environmental authorities, emission units and third-party technical institutions. Among them, the legal responsibilities of emission units for violations mainly include discharge without a license, violation of the requirements of the standardization of the emission outlet, excessive concentration and excess volume, violation of management requirements for discharge, violation of the requirements of monitoring facilities, violation of self-monitoring requirements, violation of pre-treatment requirements, violation of ledger records, violation of implementation reports, violation of information disclosure and other emission permit requirements, as well as evasion of supervision, failure to cooperate with inspections, material falsification, certificate management The company has also been in violation of the law, such as evading supervision, not cooperating with inspections, falsifying materials, poor certificate management and not changing on time. To guide the emission units to consciously comply with the law, lighter and heavier penalties are provided. To improve the form of punishment, the creation of classification penalties and daily/subsequent penalties.
The chapter of subsidiary regulations stipulates the four parts of marine discharge permit, military facilities management, implementation date, and confidentiality provisions involving state secrets.
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