Regulations on the Management of Poiligation License
Release time: 2021-04-21 & nbsp & nbsp & nbsp Source: Anonymous

The State Council of the People's Republic of China
(No. 736)

The Regulations on the Management of Sewage Dissequency License has been approved by the 117th Executive Meeting of the State Council on December 9, 2020,It is now announced,It will be implemented from March 1, 2021。

Prime Minister    Li Keqiang

2021January 24th

 

 

Regulations on the Management of Poiligation License

 

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Article 1 In order to strengthen the management of sewage discharge permits,Standardize the sewage discharge behavior of enterprise institutions and other production and operators,Control pollutant emissions,Protection and improve the ecological environment,According to the relevant laws such as the Environmental Protection Law of the People's Republic of China,Develop this Regulations。

Article 2 Enterprise and institutions and other production operators (hereinafter referred to as pollutant discharge units) that implement pollution permits in accordance with the law (hereinafter referred to as pollutant discharge units),It shall apply for a sewage license in accordance with the provisions of these regulations;,Do not emit pollutants。

Generates the amount according to pollutants、Eat emissions、The degree of influence on the environment,Classification of sewage permits for sewage discharge units:

(1) The amount of pollutants generated、emission volume or a greater degree of influence on the environment,Implementation of pollution permit key management;

(2) The production of pollutants、Edeminaring units with a small degree of influence on the environment,Simplified management of sewage permits。

Scope of pollutant discharge units implemented by pollutant discharge permits、Implementation steps and management category list,The implementation of the implementation of the State Council's ecological and environmental authorities will be announced after being approved by the State Council。Formulate the scope of sewage discharge units that implement pollution permit management、Implementation steps and management category list,shall solicit 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 city level is responsible for the supervision and management of pollution permits in the administrative area。

Article 4 The competent department of the State Council shall strengthen the construction and management of the national pollution license management information platform,Improve the level of processing of sewage discharge permit online。

Discharge license review and decision、Information disclosure, etc. shall be handled through the national pollution license management information platform。

Article 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 pollution permits in this budget。

Chapter 2  Application and approval

Article 6 of the sewage discharge unit shall apply to the ecological environment authority of the local people's government at or above the area where they are produced and operates (hereinafter referred to as the approval departments) to obtain a pollution license。

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,Application form for submitting pollution license permits through the national pollution license management information platform,You can also submit it by letter and other methods。

The application form of the pollutant discharge permit should 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;

(II) Environmental Impact Report (Table) Approval document or environmental impact registration form filing material;

(3) According to pollutants discharge port、Main production facilities or workshops、Pollutant emission types applied in the factory industry、Eat concentration and emissions,Pollutant emission standards and total control indicators of key pollutants;

(4) Pollution prevention facilities、Position and quantity of pollutant discharge port,Pollutant emission method、discharge goal、Monitoring scheme and other information;

(5) Main production facilities、Main products and capacity、Main original 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 permits shall also submit the corresponding materials:

(1) It belongs to the key management of pollution permit,Posterior sewage units have passed the national pollution license management information platform to open the basic information of the national pollution license management information platform、Explanation materials to apply for permits;

(2) The central and industrial sewage centralized treatment facilities,The pollution range of the pollution unit、Pipe Network layout、Final discharge direction and other description materials;

(3) It is a new construction of key pollutants for emissions、Reconciliation、Expansion items and implementation of technical renovation projects,Dedication of pollutant discharge units through pollutant emissions to obtain explanation materials obtained to obtain key pollutant emission control indicators。

Article 9 Application Department Application for the Discharge License received,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,It should make a decision that does not accept immediately,and inform the pollutant discharge unit to apply to the competent authority of the ecological environment with the right to approval;

(3) Application materials are wrong,It should be allowed to correct the sewage unit on the spot;

(4) Application materials are incomplete or not in line with legal forms,The notification form should be issued on the spot or within 3 days,All materials that the pollutant discharge units need to be corrected at one time;,Since the date of receiving the application materials, it has been regarded as acceptance;

(5) belongs to the scope of the authority of this approval department,Application stake sports betting appmaterials My stake betting appare complete、In line with legal forms,or sewage units to correct 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, the sewage seal stamped with the special seal and the date of indication date of the examination and approval department。

Article 10 The examination and approval department shall review the application materials submitted by the pollutant discharge unit,and can conduct on -site verification of the production and operation places of the sewage unit。

The approval department may organize technical institutions to make technical assessment of the application materials for pollution permits,and bear the corresponding cost。

Technical institutions should be responsible for the technical evaluation opinions it proposed,Do not charge any fee 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 according to law (table) approval document,or the filing formalities of the registered registration form that has already completed the environmental impact registration form;

(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; where,The production and operation site of the sewage discharge unit 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 technologies of pollution prevention;

(4) The monitoring point of the monitoring plan、Indicators、Frequency, etc. meet the national self -monitoring specifications。

1 12,The approval department shall make an approval decision within 20 days from the date of acceptance of the application;,Reasons that do not permit and explain in writing for those who do not meet the conditions。

For sewage discharge units that implement the 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 that do not permit and explain in writing for those who do not meet the conditions。

The approval department shall generate a unified sewage license number in the national pollution license management information platform。

Article 13 of the pollution 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、issuance authority、The date of issuance of the certificate、Certificate Number and QR code, etc.;

(3) Generate and emit the pollutant link、pollution prevention facilities, etc.;

(4) Position and quantity of pollutant discharge port、Pollution discharge methods and discharge direction;

(5) Variety of pollutants、License emission concentration、license emissions, etc.;

(6) The operation and maintenance requirements of pollution prevention facilities、Standardized construction requirements of pollutant 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 environmental information of pollutant discharge units;

(10) There are no organized discharge control requirements when there is no tissue emissions in air pollutants;

(11) Laws and regulations stipulate that other pollutant discharge requirements that should be complied with by pollutant discharge units。

Article 14 The validity period is 5 years.

The validity period of the sewage license is expired,The pollutant discharge unit needs to continue to discharge pollutants,It should be submitted to the approval department before 60 days before the validity period of the pollution license is valid。The approval department shall complete the review within 20 days from the date of acceptance of the application;,Reasons that do not continue and explain in writing for those who do not meet the conditions。

Change name of the sewage unit、Residence、The legal representative or the main person in charge,Within 30 days from the date of change,Apply to the approval department for the changing procedures for the sewage license certificate。

Article 15 within the validity period of the pollution permit,There is one of the following circumstances,It should be re -applied for obtaining pollution discharge permits:

(1) Newly built, reconstructed, and expanded pollutants;

(2) Production and operation place、​​Positioning of pollutant emissions or pollutants、Emissions change changes;

(3) The number of pollutant emissions ports or types of pollutants emission、Eat emissions、Increase emission concentration。

Article 16 The pollutant emission standards applicable to pollutant discharge units、Key control requirements of key pollutants change,You need to change the pollution discharge permit,The examination and approval department can change the corresponding matters of the pollution license permit in accordance with the law。

Chapter 3  Sewage Management

Article 17 The main basis for the supervision of ecological and environmental supervision of the sewage discharge unit。

The sewage discharge unit shall abide by the regulations of the pollution permit,Operate and maintain pollution prevention facilities in accordance with the requirements of ecological environment management,Establish an environmental management system,Strict control of pollutants emissions。

Article 18 The pollutant discharge unit shall build a standardized pollutant discharge port in accordance with the provisions of the competent department of the ecological environment,Set the signboard。

Position and quantity of pollutant discharge port、The discharge method and discharge of pollutants shall be consistent with the specifications of pollution permits。

Implementation of new construction、Reconciliation、Expansion projects and technical transformation sewage units,It should be at the same time as the construction of pollution prevention facilities,Construction standardized pollutant emissions port。

Article 19 The pollutant 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,Save the original monitoring record。The preservation My stake betting appperiod stake online sports bettingof the original monitoring record must not be less than 5 years。The pollutant discharge unit shall be authentic of self -monitoring data、Responsibility for accuracy,No tampering、Forgery。

Article 20: Poilization units that implement key management of sewage license,It should be installed in accordance with the law、Use、Maintain automatic monitoring equipment for pollutants emissions,and connected to 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,Check it、Repair。

Twenty -one sewage discharge units shall establish an environmental management ledger record system,Format according to 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 sewage unit finds that pollutants emissions exceed abnormal conditions such as pollutant emission standards,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 the sewage unit。

Article 22 The sewage discharge unit 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、Eat emission concentration、Eat volume, etc.。

Discontinued during the validity period of the sewage permit,The pollutant discharge unit shall truthfully report the changes in pollutant emissions in the execution report of the pollutant discharge permit and explain the cause。

The emissions of pollutants reported in the execution report of the pollutant discharge permit can be used as an 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。

Pollutant emission information should include the type of pollutant emission、Eat concentration and emissions,and the construction and operation of pollution prevention facilities、Practical Discharge License Execution Report、Monitoring data by yourself; where,Water pollutants are discharged into the municipal drainage pipe network,It should also include sewage access to the position of 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 a sewage license。

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 enterprise institutions and other production and operators who need to fill in the sewage registration form and other production and operators,shall solicit relevant departments、Industry Association、Opinions from corporate institutions and the public。

Enterprises and institutions and other production and operators who need to fill in the sewage registration form,Fill in basic information on the national pollution license management information platform、Pollution discharge goal、Pollutant emission standards performed and pollution prevention measures adopted;,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 the enforcement of sewage license enforcement in the ecological environment law enforcement annual plan,Management category according to pollution permit、Edison -discharge units 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 included in the relevant national credit information system to announce to the society。

26 The sewage discharge units shall cooperate with the supervision and inspection of the competent ecological environment department,Truthful reflection of the situation,and provide pollution permits in accordance with the requirements、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 emissions of pollutants in the pollutant discharge unit through the national pollution license management information platform,Discover the emission concentration of pollutant emissions of the sewage unit exceeds 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,The amount of pollutant emissions for the pollutant discharge unit 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 Sewage License Management Information Platform,Evidence that can determine whether the concentration of pollutants emits exceeds the permit emissions。

The monitoring data of the pollutant discharge unit is inconsistent with the monitoring data collected by the competent department of the 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 the State Council formulated and announced and announced stake betting appstake betting appthe technical guide for pollution prevention and control。

The pollutant discharge unit does not adopt pollution prevention technologies,The competent department 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 ecological environment and its monitoring agencies in the process of administrative law enforcement,Comprehensively judge whether the pollution prevention technology adopted by the pollutant discharge units can stabilize the provisions of the sewage license;,Rectification requirements should be proposed,and can increase the frequency of inspection。

Develop a technical guide for pollution prevention and control,shall solicit 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 the pollution unit,All have the right to report to the competent department of the ecological environment。

The competent authority of the ecological environment that received the report shall deal with it in accordance with the law,Feedback results of feedback to the reporter in accordance with relevant regulations,and keep secret for the reporter。

Chapter 5  Legal liability

Article 32 Violation of the provisions 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 license,The higher -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 meets statutory conditions will not be accepted or approved within the statutory period;

(2) issuing pollutant discharge permits to sewage units that do not meet statutory conditions;

(3) Violation of approval permits for approval authority;

(4) It is not investigated and punished when illegal acts are found;

(5) Other behaviors of supervision and management responsibilities in accordance with the law.

Article 33: Violation of these Regulations,Sewage discharge units have one of the following behaviors,The competent department of the ecological environment ordered to correct or restrict production、Stop production and rectification,fines of 200,000 yuan or less than 1 million yuan; the serious circumstances,Approval of the People's Government with the right to approve the right of approved,Order to suspend business、Close:

(1) No sewage license discharge pollutants;

(2) The validity period of the pollution license is valid, and the pollutants are not applied for continuing or continuted for non -approval.

(3) Revisible by law、Logging out、Discharged pollutants after revoking pollution discharge permits;

(4) It shall re -apply to obtain pollution permits in accordance with the law,Unprocessed to obtain sewage license discharge pollutants。

Article 34 Violation of these regulations,Sewage discharge units have one of the following behaviors,The competent department of the ecological environment ordered to correct or restrict production、Stop production and rectification,fines of 200,000 yuan or less than 1 million yuan; the serious circumstances,Flowing sewage license,Approval of the People's Government with the right to approve the right of approved,Order to suspend business、Close:

(1) More than the permit emission concentration、License discharge emissions pollutants;

(2) Through dark tube、osmotic well、渗 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 illegation,Sewage discharge units have 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; if the circumstances are serious,,penalties of 200,000 yuan, 1 million yuan,Order to restrict production、Discontinue production and rectification:

(1) No organic discharge of air pollutants in accordance with pollution permits;

(2) Special periods that are not stopped or restricted to discharge pollutants。

Article 36 violates the provisions of these regulations,Sewage discharge units have one of the following behaviors,The competent department of the ecological environment is ordered to correct,penalties 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 provisions of the pollutant discharge permit;

(2) The discharge method or discharge of pollutants does not meet the provisions of the pollutant discharge permit;

(3) Damage or move without authorization、Automatic monitoring equipment for changing pollutants 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 in accordance with the sewage license regulations and carry out self -monitoring;

(6) The original monitoring record was not preserved in accordance with the provisions of the pollution permit;

(7) No disclosure or not as public pollutant emissions information in accordance with the provisions of the pollution permit;

(8) Finding abnormal conditions such as transmitting data abnormalities or pollutant emissions of pollutant emissions are not reported.

(9) Acts that violate other pollutants discharge requirements stipulated in laws and regulations。

Article 37: Violation of the provisions of these regulations,Sewage discharge units have one of the following behaviors,The competent department of the ecological environment is ordered to correct,Fined fines of 5,000 yuan or less than 20,000 yuan each time; the law has another provisions,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) The implementation report of the pollutant discharge permit is not submitted in accordance with the sewage license regulations;

(4) Unreal reported pollutant emissions behavior or the concentration of pollutants、Eat emissions。

Article 38 The pollutant discharge unit violates the provisions of these regulations to discharge pollutants,Bencing punishment,The order of being ordered to correct,The competent department of the ecological environment shall organize a review,I found that it continued to implement the illegal act or rejected、Obstruct review,In accordance with the "Environmental Protection Law of the People's Republic of China"。

Article 39: The sewage discharge unit refuses to cooperate with the supervision and inspection of the competent authority of the ecological environment,or falsify 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 sewage units to deceive、Bringing and other unfair means to apply for pollution permits,The approval department revokes its pollution permit,penalties of 200,000 yuan to 500,000 yuan,Don’t apply for pollution permits again in 3 years。

Article 41 illegation,Forgery、STC、Transfer of the pollution discharge permit,Confisca from the competent authority of the ecological environment or revoked pollution permits,penalties of 100,000 yuan or less than 300,000 yuan,Don’t apply for pollution permits again in 3 years。

Article 42 violates the provisions of these regulations,Accepting the sewage license technology institutions entrusted by the approval department to fake fake,My stake betting appstake online sports bettingLift the commission relationship by the approval department,record 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 to be announced to the society; if the circumstances are serious,,Forbidden to engage in sewage license technical services。

43 Enterprise institutions and other production and operators who need to fill in the sewage registration form,Failure to fill in 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,No crime is yet to be constituted,Except for punishment in accordance with the provisions of these regulations,The supervisors 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、渗 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 liability for investigation in accordance with the law。

Chapter 6   Attachment 

46 Article 46 The pollutant discharge units that have actually discharged pollutants have been actually discharged before the implementation of these regulations,If it does not meet the requirements of these regulations,Rectification should,Achieves 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, etc.。

Article 47 Application Form、Environmental Management Account Record、Formats and content requirements for the execution report of the pollution permit execution report,and the application of pollution permit application and issuing technical specifications,Formulated by the competent department of the State Council。

Article 48: Enterprise and institutions and other manufacturers involve state secrets,Its pollution permit、Supervision and management shall comply with the provisions of confidential 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 of the sewage discharge units shall abide by the requirements of 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,Punishment 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 These regulations shall be implemented from March 1, 2021。