Order of the State Council of the People's Republic of China
(No. 736)
The Regulations on the Management of Poiligation Permits have been approved by the 117th Executive Meeting of the State Council on December 9, 2020，Now announced，Starting from March 1, 2021。
Prime Minister Li Keqiang
2021January 24
Regulations on the management of pollution permits
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Article 1 In order to strengthen the management of sewage discharge permits，Standardize pollution behavior of enterprise institutions and other production and operators，Control pollutant emissions，Protecting and improving the ecological environment，According to the "Environmental Protection Law of the People's Republic of China" and other relevant laws，Develop this Regulations。
Article 2 Enterprise and institutions and other production operators (hereinafter referred to as pollutant discharge units)，shall apply to obtain sewage permits in accordance with the provisions of these regulations; if the sewage permit is not obtained，Do not emit pollutants。
The amount of production according to the pollutants、Eat emissions、The degree of influence on the environment，Classification of sewage permits to sewage discharge units:
(1) The amount of pollutants generated、emission volume or a greater degree of influence on the environment，Implementation of pollution license key management;
(2) The amount of pollutants generated、Emile and the impact on the environment is small.，Implementation of pollution license simplified management。
The scope of pollutant discharge units implemented by pollutant discharge permits、Implementation steps and management category list，The implementation of the State Council ’s ecological environment department will formulate and report to the State Council for approval。Formulate the scope of sewage discharge units that implement pollution permit management、Implementation steps and management category list，It should be solicited for relevant departments、Industry Association、Opinions from corporate institutions and the public。
Article 3 The competent department of the State Council is responsible for the unified supervision and management of national pollution permits。
The ecological environment authority of the local people's government at or above the municipal level of the district is responsible。
Article 4 The competent department of the State Council's ecological environment shall strengthen the construction and management of the national pollution license management information platform，Improve the level of sewage license online。
Sudden and Decisions、Information disclosure, etc. shall be handled through the national pollution license management information platform。
5 The people's governments at or above the municipal level at or above the district shall include the funds required for the management of sewage discharge permits in this budget。
Chapter 2 Application and approval
Article 6: The sewage discharge unit shall apply to the ecological environment authority of the local people's government at or above the place where it is located in the place where it is located.。
The pollutant discharge unit has more than two production and operation places to discharge pollutants，It shall apply for the sewage license in accordance with the production and operation venues。
7 Application for obtaining pollution permits，It can be submitted through the national pollution license management information platform to submit the application form for pollution discharge permit，You can also submit it by letter and other methods。
The application form of the pollution license permit shall include the following items:
(1) The name of the pollution unit、Residence、Legal representative or main person in charge、Where the production and operation place is located、Unified social credit code and other information;
(2) The environmental impact report of the construction project (table) approved document or environmental impact registration form filing material;
(3) Discharge port according to pollutants、Main production facilities or workshops、Variety types of pollutant emissions applied in the factory industry、Eatstelling concentration and emissions，Pollutant emission standards and total control indicators of key pollutants;
(4) pollution prevention facilities、Position and quantity of pollutant emissions，Pollution discharge method、discharge goal、Monitoring scheme and other information;
(5) Main production facilities、Main products and capacity、Main raw and auxiliary materials、Send information such as and emit pollutants and other information，or not it involves a description of business secrets, etc.。
Article 8 of the following situations，Application for obtaining pollution discharge permits shall also submit the corresponding materials:
(1) belongs to the key management of pollution permits，Polymelona discharge units have disclosed the basic information of the national pollution license management information platform before submitting the application、Explanation materials to apply for permits;
(2) It belongs to the central and industrial sewage centralized treatment facilities，The pollution scope of the pollution unit、Pipe Network layout、Final discharge direction and other description materials;
(3) Newly built a newly built of emitted key pollutants、Reconciliation、Expansion projects and implementation of technical transformation projects，Discharge units to reduce alternatives through pollutant emissions to obtain explanation materials to obtain key pollutant emission control indicators。
Article 9 Application Department Application for the Received pollution permit，It should be processed according to the following situations:
(1) If you do not need to apply for pollution permits in accordance with the law，It should be informed immediately that you do not need to apply for a pollution permit;
(2) Not belonging to the scope of the authority of this approval department，Should make decisions that are not accepted immediately，and inform the pollutant discharge unit to apply to the competent authority of the ecological environment with the right to approval;
(3) The existence of the application materials can be correct on the spot，It should be allowed to correct the sewage unit on the spot;
(4) Application Stake Sports Bettingmaterials are incomplete or not in line with legal forms，It should be issued on the spot or within 3 days，One -time inform of all the materials that the pollutant discharge units need to be corrected;，Since the date of receiving the application materials, it has been regarded as acceptance;
(5) It belongs to the scope of the authority of this approval department，Application materials are complete、Following legal forms，or the pollutant discharge units should make up for all application materials，It should be accepted。
The approval department shall publicize the decision on the national pollution license management information platform or not to accept the application of pollution permits，At the same time, it will issue a written certificate stamped with the special seal stamped by this approval department and the date of indicating the date of indication。
Article 10 The approval department shall review the application materials submitted by the pollution unit，and can conduct on -site inspections of the production and operation sites of the sewage unit。
The approval department may organize technical institutions to evaluate technical evaluation of the application materials of pollution permits，and bear the corresponding cost。
Technical institutions should be responsible for the technical evaluation opinions it proposed，Do not charge any fees to the sewage unit。
Article 11 For sewage discharge units with the following conditions，Issuing pollution permits:
(1) Obtaining the environmental impact report of the construction project (table) in accordance with the law，or the filing formalities of the register of the environmental impact on the environment;
(2) Pollutant emissions meet the requirements of pollutant emission standards，Key pollutant emissions meet the application of pollution permit applications and technology specifications、Environmental Impact Report (Table) Approval file、Control requirements for the total amount of key pollutants emission; of which，The production and operation venue of sewage discharge units is located in a key area that has not reached the national environmental quality standard、Basin，It should also meet the special requirements of the local people's government on improving the quality of the ecological environment;
(3) The use of pollution prevention facilities can meet the requirements of permit emissions or meet the feasible technology of pollution prevention;
(4) The monitoring point of the monitoring scheme、Indicators、Frequency, etc. that meet the national monitoring specifications。
Article 12 of the pollutant discharge units that implement pollution permit simplified management，The approval department shall make an approval decision within 20 days from the date of acceptance of the application;，Reasons for non -permission and written explanation for those who do not meet the requirements。
For sewage discharge units that implement key management of pollution permits，The approval department shall make an approval decision within 30 days from the date of acceptance of the application;，The approval decision shall be made within 45 days from the date of acceptance of the application;，Reasons for non -permission and written explanation for those who do not meet the requirements。
The approval department shall generate a unified pollution license number in the national pollution license management information platform。
Article 13 The pollution discharge permit shall record the following information:
(1) The name of the pollution unit、Residence、Legal representative or main person in charge、The location of the production and operation venue, etc.;
(2) The validity period of the pollution license permit、issuance authority、Sending a certificate date、Certificate Number and QR code, etc.;
(3) Generation and discharge of pollutants、pollution prevention facilities, etc.;
(4) Position and quantity of pollutant discharge port、Pollution discharge method and discharge direction;
(V) Variety of pollutants、License emission concentration、License emissions, etc.;
(6) The operation and maintenance requirements of pollution prevention facilities、Standardized construction requirements of pollutants emissions port;
(7) The requirements for prohibiting or restricting pollutant emissions during special periods;
(8) Monitor yourself、Environmental Management Account Record、The content and frequency of the implementation report of the pollution permit execution report;
(9) Public requirements for the environmental information of sewage units;
(10) There are no organized discharge control requirements when air pollutants have no tissue emissions;
(11) Laws and regulations stipulate that other pollutant discharge units that should be complied with by pollutant discharge units。
Article 14 The validity period is 5 years.
The validity period of the pollution license is valid，The pollutant discharge unit needs to continue to discharge pollutants，It should be applied to the approval department before 60 days before the validity period of the pollution license is valid。The examination and approval department shall complete the review within 20 days from the date of acceptance of the application;，For those who do not meet the requirements for continuation and written explanation for writing。
Change the name of the sewage unit、Residence、Legal representative or main person in charge，Within 30 days from the date of change，Apply for the approval department for the change of pollution permitter to change the procedures。
Article 15 within the validity period of the pollution permit，The sewage unit has one of the following circumstances，shall re -apply for obtaining pollution permits:
(1) Projects for newly built, reconstructed, and expanded pollutants;
(2) Production and operation place、Pollution discharge port position or pollutant emissions method、Discharge direction changes;
(3) The number of emissions of pollutants or types of pollutant emissions、Eat emissions、Increase emission concentration。
Article 16 The pollutant emissions standards applicable to pollutant discharge units、Key control requirements of key pollutants change，You need to change the sewage license，The approval department can change the corresponding matters of the pollution permit in accordance with the law。
Chapter 3 Sewage Management
Article 17 is the main basis for the supervision of ecological and environmental supervision of the sewage discharge unit。
The sewage discharge unit shall abide by the provisions of the pollution permit，Operate and maintain pollution prevention facilities in accordance with the requirements of ecological environment management，Establish an environmental management system，Strictly control pollutant emissions。
Article 18 The pollutant discharge unit shall build a standardized pollutant discharge port in accordance with the provisions of the competent ecological environment department，Set signs。
Position and quantity of pollutant emissions、The discharge method and discharge of pollutants shall be consistent with the specifications of the pollution permit。
Implementation of new construction、Reconciliation、Expansion projects and technical transformation sewage units，It should My stake betting appbe at the same time as Stake Sports Bettingthe construction of pollution prevention facilities，Construction standardized pollutant emissions port。
Article 19 The sewage discharge unit shall be in accordance with the provisions of the pollution permits and relevant standards and specifications，Carry out self -monitoring in accordance with the law，and save the original monitoring record。The preservation period of the original monitoring records must not be less than 5 years。The pollutant discharge unit shall be authentic of self -monitoring data、Accuracy is responsible，No tampering、Forgery。
Article 20 Article 20 The sewage discharge units that implement the key management of sewage permits，It should be installed in accordance with the law、Use、Maintain the automatic monitoring equipment of pollutant emissions，and connected with the monitoring equipment of the competent department of the ecological environment。
Discharge units found the automatic monitoring equipment of pollutants to transmit data abnormalities，It should be reported to the competent department of the ecological environment in a timely manner，and check、Repair。
Twenty -one sewage discharge units shall establish an environmental management ledger record system，Formats specified in the sewage license、Content and frequency，Record the main production facilities、The operation of pollution prevention facilities and the concentration of pollutant emissions、Eat emissions。Environmental Management Account Record Storage period must not be less than 5 years。
When the pollutant discharge units are found to be abnormal when the pollutants emissions exceeds the discharge standards of pollutants，It should be taken immediately to eliminate、Reduce the consequences of harm，Make the records of environmental management ledger，Report the competent department of the ecological environment，Explanation cause。Pollutant emissions exceeded under abnormal conditions such as pollutant emissions standards are included in the pollutant emissions of pollutants。
Article 22 shall be in accordance with the content stipulated in the pollution permit、frequency and time requirements，Submit to the approval department for pollution license execution report，Reporting pollutant emission behavior、Eatsays concentration、Eat volume, etc.。
Discontinued during the validity period of the pollution permit，The pollutant discharge unit shall truthfully report the changes in the discharge of pollutants in the execution report of the pollutant discharge permit and explain the cause。
The emissions of pollutants reported in the implementation report of the pollution permit can be used as the annual ecological environment statistics、Evaluation of the total emissions of key pollutants、The basis for preparation of pollution source emissions list。
Article 23 The sewage discharge unit shall be in accordance with the provisions of the pollution permit，Public pollutant emission information on the national pollution license management information platform。
Pollution emission information should include the type of pollutant emissions、Eatstelling concentration and emissions，and the construction and operation of pollution prevention facilities、Practical Discharge License Execution Report、Monitoring data on its own; where，Water pollutants are discharged into the municipal drainage pipe network，It should also include the location of sewage access to the municipal drainage pipe network、Eat emission method and other information。
Twenty -four pollutants generate amount、Emperor and other production and operators with a small degree of emissions and the impact on the environment，It should be reported to the pollution discharge registration form，No need to apply for pollution permit。
Enterprises and institutions and other production operators who need to fill in the sewage registration form and other production and operators，Formulated and announced by the competent department of the State Council。Formulation of corporate institutions and other production and operators who need to fill in the sewage registration form and other production and operators，It should be solicited for relevant departments、Industry Association、Opinions from corporate institutions and the public。
Enterprises and institutions and other production operators who need to fill in the sewage registration form，Fill in basic information on the national pollution license management information platform、Discharge of pollutants、Pollutant emissions standards and pollution prevention measures taken by the execution;，Changes should be made within 20 days from the date of change。
Chapter 4 Supervision and inspection
Article 25 The competent department of the ecological environment shall strengthen the supervision of post -after -to -the -after postponement of pollution permits，Incorporate sewage license enforcement inspection into the annual plan of ecological environment law enforcement，Management category according to pollution permit、Emperor discharge unit credit records and ecological environment management needs，Reasonably determine the frequency of inspection and check method。
The competent department of the ecological environment shall record the time of law enforcement inspection on the national pollution license management information platform、Content、Results and punishment decisions，At the same time, the punishment decision is incorporated into the relevant national credit information system to announce to the society。
Article 26 should cooperate with the supervision and inspection of the competent ecological environment department，Truthful reflection of the situation，and provide pollution permits as required、Environmental Management Account Record、Practical Discharge License Execution Report、Monitoring data and other related materials。
Forbidden forging, altering, and transfer of sewage discharge permits.
Article 27 The competent authority of the ecological environment may monitor the discharge of pollutants in the pollutant discharge unit through the national pollution license management information platform，It is found that the emissions of pollutant emissions of the sewage unit exceed the concentration of permit emissions，It should be required to provide sewage discharge permits、Environmental Management Account Record、Practical Discharge License Execution Report、Monitoring data and other related materials for verification，If necessary, you can organize on -site monitoring。
Article 28 The competent department of the ecological environment according to the monitoring data collected in the process of administrative law enforcement，and the sewage license of the sewage unit、Environmental Management Account Record、Practical Discharge License Execution Report、Monitoring data and other related materials，Pollutant emissions of pollutants during the specified cycle，and whether the operation and maintenance of pollution prevention facilities in sewage discharge units meet the requirements of pollution permits for verification。
Article 29 The competent authority of the ecological environment passes on -site monitoring in accordance with the law、Automatic monitoring equipment of pollutants emission emission of pollutants、Data discharge data obtained by the pollutant discharge unit obtained by the national pollution license management information platform，Evidence that can determine whether the emission concentration of pollutants exceeds the permit emissions。
Discharge units monitor data from the competent department of ecological environment and its monitoring agencies in the process of administrative law enforcement.，Monitoring data collected by the competent authority of the ecological environment and its monitoring agencies as the basis for administrative law enforcement。
Article 30 The state encourages pollution units to adopt pollution prevention and feasible technology。The competent department of stake sports betting appthe State Council formulated My stake betting appand announced and announced the technical guide for pollution prevention and control。
The pollutant discharge unit does not adopt pollution prevention technologies，The competent authority of the ecological environment shall be based on pollution permits、Environmental Management Account Record、Practical Discharge License Execution Report、Monitoring data and other related materials，and the monitoring data collected by the competent department of the ecological environment and its monitoring agencies in the process of administrative law enforcement，Comprehensive judgment of whether pollution prevention technology adopted by pollutant discharge units can stabilize the provisions of the pollutant discharge permit;，Rectification requirements should be proposed，and can increase the frequency of inspection。
Develop a technical guide for pollution prevention and treatment，It should be solicited for relevant departments、Industry Association、Opinions from corporate institutions and the public。
Article 31 Any unit or individual's behavior of violating the regulations stipulated in these regulations，All have the right to report to the competent department of the ecological environment。
The competent authority of the ecological environment that receives the report shall deal with it in accordance with the law，Feedback of the reporter in accordance with relevant regulations，and keep secret for the reporter。
Chapter 5 Legal liability
Article 32: Violation of these regulations，The competent authority of the ecological environment has one of the following behaviors in the approval or supervision and management of the pollution permits，The upper -level organs are ordered to make corrections; the direct responsible persons and other direct responsible persons give a punishment according to law:
(1) Application for the application for pollution permits that meet statutory conditions will not be accepted or approved within the statutory period;
(2) Presence sewage discharge permits to sewage discharge units that do not meet statutory conditions;
(3) Violation of approval permits for approval authority;
(4) No investigation and punishment is found to be found to be found;
(5) Other behaviors of supervision and management responsibilities in accordance with the law.
Article 33 Violation of the provisions of these Regulations，The pollutant discharge unit has one of the following behaviors，The competent department of the ecological environment is ordered to correct or restrict production、Stop production and rectification，fines of 200,000 yuan, 1 million yuan;，Reported by the people's government with the right to approve the approval，Order to suspend business、Close:
(1) No pollution discharge permits are obtained;
(2) The validity period of the pollution license is valid, and the pollutants are not applied for continuing or continuted for non -approval.
(3) Aglied to be revoked in accordance with the law、Logging out、Discharge pollutants after revoking pollution discharge permits;
(4) In accordance with the law, re -apply for sewage permits，Not re -application for obtaining sewage license discharge pollutants。
Article 34 Violation of the provisions of these regulations，The pollutant discharge unit has one of the following behaviors，The competent department of the ecological environment is ordered to correct or restrict production、Stop production and rectification，fines of 200,000 yuan, 1 million yuan;，A revocation of sewage discharge permits，Reported by the people's government with the right to approve the approval，Order to suspend business、Close:
(1) More than the permit emission concentration、Licensed emissions emissions pollutants;
(2) Through dark tube、osmotic well、osmotic pit、irrigation or tampering、Forge monitoring data，or abolished supervision of pollution control facilities such as abnormal operation of pollution illegal discharge pollutants。
Article 35 violates the provisions of these regulations，The pollutant discharge unit has one of the following behaviors，The competent department of the ecological environment is ordered to correct，penalties of 50,000 yuan or less than 200,000 yuan;，fines of 200,000 yuan, 1 million yuan，Order to restrict production、Discontinue production and rectification:
(1) No tissue emissions are controlled in accordance with the requirements of the pollution permit;
(2) Special periods do not stop or restrict discharge of pollutants。
Article 36 违 违 违，The pollutant discharge unit has one of the following behaviors，The competent department of the ecological environment is ordered to correct，Fined fines of 20,000 yuan and more than 200,000 yuan;，Order to stop production and rectification:
(1) The location or number of pollutants discharge port or quantity does not meet the regulations of pollutant discharge permits;
(2) The discharge method or discharge of pollutants does not meet the provisions of the pollution permit;
(3) Damage or move without authorization、Monitor the automatic monitoring equipment of pollutant emissions;
(4) Failure to install in accordance with the regulations of the pollution permit、Automatic monitoring equipment with pollutants and connect to the monitoring equipment of the competent environment of the ecological environment，or the automatic monitoring equipment that is not guaranteed to discharge pollutants is running normally;
(5) Failure to formulate a self -monitoring plan and carry out self -monitoring in accordance with the provisions of the pollution permit;
(6) The original monitoring records were not preserved in accordance with the provisions of the pollution permit;
(7) No disclosure or disclosure of actual pollutant emissions information in accordance with the provisions of the pollution permit;
(8) Discover abnormal conditions such as transmitting data abnormalities such as transmission of data discharge of pollutants or abnormal conditions such as pollutant emissions exceeding the pollutant emission standards;
(9) Acts that violate other pollutants discharge requirements stipulated in laws and regulations。
Article 37 illegation，The pollutant discharge unit has one of the following behaviors，The competent department of the ecological environment is ordered to correct，Fined fines of more than 20,000 yuan per time for each time;，From its regulations:
(1) No environmental management ledger record system，or not recorded in accordance with the provisions of the pollution permit;
(2) The operation of the main production facilities and pollution prevention facilities or the discharge concentration of pollutants without truthful records、Eat emissions;
(3) Reporting the pollution discharge permit shall not be submitted in accordance with the sewage license regulations;
(4) Unreal reporting pollutant emissions behavior or concentration of pollutants、Eat emissions。
Article 38 of the pollutant discharge unit violates the regulations of these regulations to discharge pollutants，Bencing punishment，The order of being ordered to correct，The competent department of the ecological environment shall organize review，I found that it continued to implement the illegal act or rejected、Obstruct review，In accordance with the provisions of the Environmental Protection Law of the People's Republic of China。
Article 39 The pollution discharge unit refuses to cooperate with the supervision and inspection of the competent authority of the ecological environment，or fake it when receiving supervision and inspection，The competent department of the ecological environment is ordered to correct，penalties of 20,000 yuan and more than 200,000 yuan。
Article 40 Article 40 to deceive、Bringing and other unfair means to apply for pollution permits，The approval department revokes its pollution permit，fines of 200,000 yuan or less than 500,000 yuan，Don’t apply for pollution permits again in 3 years。
Article 41 violates the provisions of these regulations，Forgery、STC、Transfer of the pollution discharge permit，The competent department of the ecological environment confiscates relevant documents or revoke the sewage license，penalties of 100,000 yuan to 300,000 yuan，Don’t apply for pollution permits again in 3 years。
Article 42 illegation，Accepting the sewage license technology institutions entrusted by the approval department to fake，Lift the commission relationship from the approval department，records the relevant information into its credit record，announced on the national pollution license management information platform，At the same time, it is included in the national credit information system and announced to the society; if the circumstances are serious,，Forbidden stake sports betting appto engage in sewage license technical services。
43 Enterprise institutions and other production and operators who need to fill in the sewage registration form，Not filling in the sewage information in accordance with the provisions of these regulations，The competent department of the ecological environment is ordered to correct，You can impose a fine of less than 50,000 yuan。
Article 44 of the sewage discharge unit has one of the following behaviors，It does not constitute a crime，Except for punishment in accordance with the provisions of these regulations，The competent person in charge and other direct responsible persons who are directly responsible for it，Detention in accordance with the "Environmental Protection Law of the People's Republic of China":
(1) No pollutant discharge permits are obtained，Orderly ordered to stop sewage，Refuse to execute;
(2) Through dark tube、osmotic well、osmotic pit、irrigation or tampering、Forge monitoring data，or abolished supervision of pollution control facilities such as abnormal operation of pollution illegal discharge pollutants。
Article 45 violates the provisions of these regulations，It constitutes a violation of public security management behaviors，Punishment of public security management in accordance with the law;，Criminal responsibility for investigation in accordance with the law。
Chapter 6 Attachment
46 Article 46 The pollutant discharge units that have actually discharged pollutants have been actively emitted before the implementation of these regulations，If the requirements of the regulations do not meet the requirements of these regulations，Rectification should，Achieve the conditions stipulated in these regulations and apply for a sewage license;，Do not continue to discharge pollutants。Within the rectification period，The competent department of the ecological environment shall issue a notice of rectification within a time limit for sewage discharge，Clarify the rectification content、Rectification period and other requirements。
Article 47 Application Form、Environmental Management Account Record、Formats and content requirements of the execution report of the pollution permit execution report，and the application of pollution license applications and issuance technical specifications，Formulated by the competent department of the State Council。
Article 48 The enterprise institutions and other manufacturers involve state secrets，Its pollution permit、Supervision and management shall comply with the provisions of the confidentiality laws and regulations。
49th aircraft、Ship、motor vehicle、Train and other mobile pollution sources of pollutant emissions management，Implement in accordance with the provisions of relevant laws and regulations。
Article 50 The pollution discharge unit shall abide by the regulations for safety production，Operate and maintain pollution prevention facilities in accordance with the requirements of safety production management，Establish a safety production management system。
Violation of safety production regulations during operation and maintenance of pollution prevention facilities，For production safety accidents，Punitors of responsible pollutant discharge units shall be punished in accordance with the relevant provisions of the "Safety Production Law of the People's Republic of China"。
Article 51 This Regulations shall be implemented from March 1, 2021。
