Measures for the administration of emission permits (Ministry Order No. 48) (1)
發(fā)布時間：2020-12-11 信息來源：海南椰林環(huán)境科技有限公司
Measures for the Administration of Emission Permits (for trial implementation) Ministry of Environmental Protection Decree Ministry Order No. 48
The Measures for the Administration of Emission Permits (for Trial Implementation) was considered and adopted by the Ministerial Meeting of the Ministry of Environmental Protection on November 6, 2017, and is hereby promulgated and shall come into force from the date of publication.
Li Ganjie, Minister of Environmental Protection
January 10, 2018
Annex Measures for the Administration of Pollution Discharge Permits (for Trial Implementation)
Chapter I General Provisions
Article 1 To regulate the management of emission permits, in accordance with the "Environmental Protection Law of the People's Republic of China", "Water Pollution Prevention and Control Law of the People's Republic of China", "Air Pollution Prevention and Control Law of the People's Republic of China" and the "Implementation Plan for Pollutant Emission Control Permit System" issued by the General Office of the State Council, these measures are formulated.
Article 2 The application, issuance and enforcement of discharge permits, as well as the supervision and penalties related to the discharge permit and other acts, these measures shall apply.
Article 3 The Ministry of Environmental Protection shall develop and publish a list of fixed sources of pollution emission permit classification management, and clearly include the scope of emission permit management and application time limit.
Inclusion of fixed sources of emissions management list of enterprises, institutions and other production operators (hereinafter referred to as emissions units) shall apply for and obtain an emissions permit in accordance with the prescribed time limit; not included in the list of fixed sources of emissions permit management of emissions units, temporarily do not need to apply for an emissions permit.
Article IV emissions unit shall hold a discharge permit in accordance with the law, and discharge pollutants in accordance with the provisions of the discharge permit.
Should obtain a discharge permit and did not obtain, shall not discharge pollutants.
Article V of the pollutant generation, emissions or high degree of environmental hazards of sewage units to implement the focus of the management of emission permits, other sewage units to simplify the management of emission permits.
The implementation of emission permits to focus on the management or simplify the management of the specific scope of the emission units, in accordance with the provisions of the list of fixed sources of emission permits for the implementation of the classification of management. The implementation of key management and simplified management of the content and requirements, in accordance with the provisions of Article 11 of the emission permit related technical specifications, guidelines and other implementation.
Local environmental protection authorities at or above the municipal level shall focus on the implementation of the emission permit management of sewage units identified as key emission units.
Article 6 The Ministry of Environmental Protection is responsible for guiding the implementation and supervision of the national emissions permit system. Each provincial environmental protection department is responsible for the organization and supervision of the implementation of the emission permit system in its administrative region.
The municipal environmental protection department in charge of the production and operation of the emission unit is responsible for the issuance of emission permits. Local laws and regulations on the issuance of authority otherwise specified, from its provisions.
Article VII of the same legal entity or other organizations belonging to, located in different places of production and operation of sewage units, should be the name of the legal entity or other organizations to which they belong, respectively, to the place of production and operation of the competent environmental protection authorities have the right to issue (hereinafter referred to as the issuing environmental protection departments) to apply for emission permits.
Production and business premises and emissions are located in different administrative regions, the production and business premises where the issuing environmental protection department is responsible for the issuance of emission permits, and should be issued prior to consulting the competent environmental protection departments at the same level where the emissions.
Article 8 According to the relevant laws, the competent environmental protection departments of emission units to discharge water pollutants, air pollutants and other types of pollutants emissions to implement a comprehensive permit management.
January 1, 2015 and later to obtain the approval of the environmental impact assessment of construction projects, environmental impact assessment documents and approval of the main content related to the discharge of pollutants should be included in the discharge permit.
Article IX of the Ministry of Environmental Protection to implement emissions permit management of sewage units and their production facilities, pollution prevention and control facilities and emission ports to implement a unified code management.
Article 10 The Ministry of Environmental Protection is responsible for the construction, operation, maintenance and management of the national emissions permit management information platform.
Application, acceptance, review, issuance, change, renewal, cancellation, revocation, loss and replacement of emission permits shall be carried out on the national emission permit management information platform. Self-monitoring of emission units, implementation reports and information on supervision and enforcement by environmental protection authorities shall be recorded on the national emission permit management information platform, and shall be made public on the national emission permit management information platform in accordance with the provisions of these measures.
The electronic information related to emission permits recorded in the national emission permit management information platform shall have the same effect as the original and copy of the emission permit according to law.
Article XI of the Ministry of Environmental Protection to develop technical specifications for the application and issuance of emission permits, environmental management ledger and technical specifications for emission permit implementation reports, technical guidelines for self-monitoring of emission units, feasible technical guidelines for pollution prevention and control, and other emission permit policies, standards and norms.
Chapter II Content of emission permits
Article XII of the discharge permit consists of the original and a copy, the original contains the basic information, the copy includes basic information, registration matters, licensing matters, commitments and other content.
Local environmental protection authorities above the district level may, in accordance with local regulations on environmental protection, add the contents that need to be contained in the discharge permit.
Article XIII of the following basic information shall be contained in both the original and the copy of the discharge permit.
(A) the name of the emissions unit, registered address, legal representative or principal person in charge, technical person in charge, address of production and operation sites, industry category, unified social credit code and other basic information of the emissions unit.
(B) the validity period of the emission permit, the issuing authority, the date of issue, the certificate number and two-dimensional code and other basic information.
Article XIV of the following registration matters are declared by the emissions unit, and recorded in the copy of the emissions permit.
(A) the main production facilities, the main products and production capacity, the main raw and auxiliary materials, etc.
(B) production and discharge links, pollution prevention and control facilities, etc.
(C) environmental impact assessment approval, the implementation of the decomposition of the unit's total emissions of key pollutants control indicators, emission rights paid use and trading records, etc.
Article XV of the following licensing matters by the emissions unit application, after the issuance of the environmental protection department review, in the copy of the emissions permit to specify.
(A) the location and number of emission ports, pollutant emission mode and emission direction, etc., the location and number of sources of disorganized emissions of air pollutants.
(B) the type of pollutants emitted from the emission port and disorganized emission sources, the permitted emission concentration, permitted emissions.
(C) after obtaining the emission permit should comply with the environmental management requirements.
(D) other licensing matters required by law and regulations.
Article XVI of the issuance of environmental protection departments should be based on national and local pollutant emission standards, to determine the discharge unit emission ports or disorganized emission sources of the corresponding pollutants permitted emission concentrations.
Emission unit commitment to implement more stringent emission concentrations, should be specified in the copy of the emission permit.
Article XVII of the issuance of environmental protection departments in accordance with the emission permit application and the technical specifications for the issuance of the industry's key pollutants allowed emission accounting methods, as well as the requirements of environmental quality improvement, to determine the emissions permitted by the emissions unit.
For the implementation of these measures before the implementation of the unit has been decomposed to the implementation of the total emission control targets of key pollutants, the issuing environmental protection department shall be in accordance with the industry's key pollutants allowed emissions accounting methods, environmental quality improvement requirements and the total emission control targets of key pollutants, to determine the permitted emissions strictly.
January 1, 2015 and later to obtain environmental impact assessment approval of emissions units, environmental impact assessment documents and approval opinions to determine the emissions in accordance with the first paragraph of this article, the second paragraph to determine the permitted emissions, the issuing environmental protection department shall be based on environmental impact assessment documents and approval opinions required to determine the emissions of emissions units permitted emissions.
The local people's government to develop a deadline for environmental quality standards planning, heavy weather response measures require emission units to implement stricter control targets for the total emissions of key pollutants, shall be specified in the copy of the emissions permit.
After the implementation of these measures, the competent environmental protection departments shall, in accordance with the emissions permit specified in the emissions permit, determine the total emissions of key pollutants emission control indicators of emission units.
Article 18 The following environmental management requirements shall be issued by the environmental protection department in accordance with the application materials of the emission unit, relevant technical specifications and regulatory needs, as specified in the copy of the emission permit.
(A) the operation and maintenance of pollution control facilities, disorganized emission control and other requirements.
(B) self-monitoring requirements, record-keeping requirements, implementation of the content and frequency of reports and other requirements.
(C) emission unit information disclosure requirements.
(D) other matters required by laws and regulations.
Article XIX emissions units in the application for emission permits, should be in accordance with the technical guidelines for self-monitoring, the preparation of self-monitoring program.
Self-monitoring program should include the following.
(A) monitoring points and schematic diagrams, monitoring indicators, monitoring frequency.
(B) the use of analytical methods of monitoring, sampling methods.
(C) monitoring quality assurance and quality control requirements.
(D) monitoring data records, organization, archiving requirements.
Article 20 emissions unit in filling out the application for an emission permit, should be committed to emission permit application materials are complete, true and legal; commitment to discharge pollutants in accordance with the provisions of the emission permit, the implementation of the environmental management requirements of the emission permit, and by the legal representative or the principal person in charge of the signature or seal.
Article 21 The discharge permit shall take effect from the date of the permit decision. The first issuance of emission permits is valid for three years, the renewal of the renewal of emission permits is valid for five years.
For the inclusion of the State Council's comprehensive economic macro-control departments in conjunction with the relevant departments of the State Council issued by the industrial policy directory of the planned elimination of backward processes and equipment or backward products, emissions permits shall not exceed the planned elimination period.
Article 22 The competent environmental protection departments to issue emission permits, as well as supervision and inspection of the implementation of emission permits, shall not charge any fees.
Chapter III Application and issuance
Article 23 The competent provincial environmental protection departments shall, in accordance with Article 6 of these measures and the list of fixed sources of emission permits category management, determine the administrative region responsible for accepting applications for emission permits issued by the environmental protection department, application procedures and other related matters, and to the public announcement.
Based on the requirements of environmental quality improvement, some regions decided to advance the implementation of emissions permit management in some industries, the provincial environmental protection authorities in the region should be reported to the Ministry of Environmental Protection for the record after implementation, and announced to the community.
Article 24 In the fixed sources of sewage discharge permit classification management list before the time limit has been built and the actual discharge of sewage units, should be in the list of the time limit to apply for a discharge permit; in the list of the time limit after the completion of the sewage units, should start production facilities or in the actual discharge before applying for a discharge permit.
Article 25 The implementation of key management of emissions units in the submission of emissions permit application materials before the commitment, basic information and the proposed application for the permit matters to be disclosed to the community. Public access should be selected to include the national emissions permit management information platform and other means of public knowledge, the public time shall not be less than five working days.
Article 26 The emissions unit shall fill in the national emissions permit management information platform and submit an application for an emissions permit, while submitting to the issuing environmental protection department through the national emissions permit management information platform printed written application materials.
Application materials shall include.
(A) emissions permit application form, the main contents include: basic information about the emissions unit, the main production facilities, major products and production capacity, the main raw and auxiliary materials, waste gas, wastewater and other production and emission links and pollution prevention facilities, the location and number of applications for the emission port, emission mode, emission destination, in accordance with the emission port and production facilities or workshop applications for the emission of pollutants, emission concentrations and emissions, the implementation of emission standards.
(B) self-monitoring program.
(C) by the legal representative of the emissions unit or the principal person in charge of the letter of commitment signed or sealed.
(D) the discharge unit about the standardization of the outfall description of the situation.
(E) construction project environmental impact assessment document approval number, or in accordance with the relevant state regulations by the local people's government in accordance with the law, rectification and standardization and compliance with the requirements of the relevant supporting materials.
(F) the statement of pre-application information disclosure form for discharge permits.
(G) centralized sewage treatment facilities should also provide the operation and management unit of the sewage receiving range, the list of sewage disposal units, the layout of the pipe network, the final discharge destination and other materials.
(H) the implementation of these measures after the new, alteration, expansion project emissions units exist through the emission of pollutants equal or reduced alternative to reduce the total emissions of key pollutants to obtain the total emission control indicators, and the total emissions of key pollutants to control the emissions of sewage units have obtained the emissions permit, should provide the total emissions of key pollutants to control the emissions of sewage units to complete the change in the emissions permit relevant materials.
(ix) other materials required by laws, regulations and rules.
The main production facilities, the main product capacity and other registered matters involving commercial secrets, emissions units should be marked.
Article 27 The issuance of environmental protection departments receive the application materials submitted by the emissions unit, the completeness of the material, the standardization of the review, in accordance with the following circumstances, respectively, to deal with.
(A) in accordance with these measures do not need to obtain an emissions permit, shall be informed on the spot or within five working days that the emissions unit does not need to handle.
(B) does not fall within the purview of the administrative organ, shall be made on the spot or within five working days of the decision not to accept, and inform the emissions unit to apply to the department with the authority to issue.
(C) application materials are incomplete or do not meet the requirements, shall be issued on the spot or within five working days to inform the sewage unit to correct all the materials, can be corrected on the spot, the sewage unit should be allowed to correct on the spot.
(D) falls within the purview of the administrative organ, the application materials are complete and meet the requirements, or the emissions unit to submit all the corrective application materials as required, shall be accepted.
The issuing environmental protection department shall make the decision to accept or reject the application for an emissions permit on the national emissions permit management information platform, while issuing to the emissions unit stamped with the special seal of the administrative organ and the date of the acceptance or inadmissibility of the notification form.
The issuing environmental protection department shall inform the emission unit of the need to correct the material, but late notification, since the date of receipt of the written application materials shall be deemed to be accepted.
Article 28 of the existence of one of the following circumstances, the issuing environmental protection department will not issue emission permits.
(A) is located in areas where construction is prohibited by laws and regulations
(B) belongs to the State Council's comprehensive economic macro-control departments in conjunction with the relevant departments of the State Council issued by the industrial policy directory of the explicitly ordered to eliminate or immediately eliminate the backward production processes and equipment, backward products.
(C) the laws and regulations shall not permit other circumstances.
Article 29 The issuance of environmental protection departments shall review the application materials of the sewage units, the sewage units to meet the following conditions for the issuance of emission permits.
(iv) Self-monitoring program in line with the relevant technical specifications.
(E) the implementation of these measures after the new, alteration, expansion project emission units exist through the emission of pollutants equal or reduced alternative to reduce the total emissions of key pollutants to obtain the total emission control indicators, the emission units that cede the total emission control indicators of key pollutants have completed the emission permit changes.
Article 30 of the corresponding pollution prevention and control feasible technology, or new, alteration, expansion of the construction project emissions units using environmental impact assessment of the approval of the pollution control technology required, the issuing environmental protection department may consider the emissions units using pollution control facilities or measures have the ability to meet the permitted emission concentration requirements.
Does not meet the circumstances of the preceding paragraph, the emissions unit can be proved by providing monitoring data. Monitoring data should be obtained through the use of national environmental monitoring, measurement and certification requirements and technical specifications of monitoring equipment; for the first domestic pollution control technology, should provide engineering test data to prove.
Ministry of Environmental Protection based on the implementation of the national emissions permit, the appropriate time to revise the feasible technical guidelines for pollution prevention.
Article 31 of the issuance of environmental protection departments shall, within twenty working days from the date of acceptance of the application to make a decision on whether to grant the permit. Since the date of the decision to grant the permit within ten working days, the issuing environmental protection department to the emissions unit issued with the seal of the administrative agency emissions permit.
Issuing environmental protection department within twenty working days can not make a decision, approved by the head of the department, can be extended by ten working days, and the reasons for extending the period to inform the emissions unit.
According to the law requires a hearing, inspection, testing and expert review, the time required is not counted in the period specified in this article. The issuing environmental protection department shall inform the emissions unit in writing of the time required.
Article 32 The issuing environmental protection department to make the decision to grant the permit shall submit the audit results to the national emissions permit management information platform, to obtain a unified national emissions permit code.
The issuing environmental protection department to grant the permit decision, the original and a copy of the discharge permit in the basic information, licensing matters and commitments in the national discharge permit management information platform announcement.
The issuing environmental protection department to make a decision not to permit, shall make a decision not to permit, inform the emissions unit in writing of the reasons for not permitting, and the right to apply for administrative reconsideration or bring an administrative lawsuit, and in the national emissions permit management information platform announcement.
Chapter IV Implementation and Supervision
Article 33 Prohibit the alteration of emission permits. It is prohibited to rent, lend, buy, sell or otherwise illegally transfer emission permits. Emission units shall hang the original emissions permit in a location convenient for public supervision within the production and operation premises.
Article 34 The emission unit shall, in accordance with the provisions of the discharge permit, install or use monitoring equipment in accordance with national regulations on environmental monitoring, measurement certification, maintenance of monitoring facilities in accordance with the provisions of self-monitoring, and 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 automatic monitoring equipment, and monitoring equipment networking with the competent environmental protection departments.
For the failure to use feasible technologies for pollution prevention and control, should strengthen self-monitoring to assess the feasibility of pollution prevention and control technologies to meet the standards.
Article 35 emissions units shall be in accordance with the requirements of the discharge permit on the ledger record, according to the production characteristics and pollutant emission characteristics, according to the outfall or disorganized emission sources to record. Records mainly include the following.
(A) the operation of the main production facilities related to the emission of pollutants; the occurrence of abnormalities, the reasons and measures taken should be recorded.
(B) the operation of pollution prevention and control facilities and management information; the occurrence of abnormalities, the reasons and measures taken should be recorded.
(C) the actual emission concentration and emissions of pollutants; occurrence of excessive emissions, should record the reasons for exceeding the standard and the measures taken.
(D) other information that should be recorded in accordance with relevant technical specifications.
Ledger records shall be kept for a period of not less than three years.
Article 36 The actual emissions of pollutants in accordance with the provisions of the emission permit emissions, sewage, production facilities or workshops, respectively, in accordance with the following methods and order of calculation.
(A) the installation and use of pollutants in accordance with national regulations and monitoring specifications for the use of automatic monitoring equipment, in accordance with the automatic monitoring of pollutants data calculation.
(B) according to the law does not require the installation of automatic monitoring equipment for pollutants, in accordance with national regulations and monitoring norms for the manual monitoring of pollutants data.
(C) can not be calculated in accordance with the first and second provisions of this article, including the method shall be installed and not installed automatic monitoring equipment for pollutants or automatic monitoring equipment does not meet the provisions, in accordance with the provisions of the Ministry of Environmental Protection production and emission factors, material accounting methods.
Article 37 The emission unit shall, in accordance with the provisions of the discharge permit on the implementation of the content and frequency of the report requirements, the preparation of the discharge permit implementation report.
Emission permit implementation report includes annual implementation report, quarterly implementation report and monthly implementation report.
The emission unit shall annually fill in the national emission permit management information platform, submit the annual implementation report of the emission permit and public, and submit to the issuing environmental protection department through the national emission permit management information platform printed written implementation report. The written implementation report should be signed or sealed by the legal representative or the principal person in charge.
Quarterly implementation reports and monthly implementation reports should include at least the following.
(a) According to the results of self-monitoring of the actual emission concentrations and emissions of pollutants and compliance determination analysis.
(B) emissions units exceed the standard emissions or pollution control facilities anomalies description.
Annual implementation report can replace the current quarter or month's implementation report, and add the following content.
(A) the basic production information of the emission unit.
(B) the operation of pollution prevention and control facilities.
(C) the implementation of self-monitoring.
(D) the implementation of environmental management ledger records.
(E) information disclosure.
(F) the construction and operation of the internal environmental management system of the emissions unit.
(G) the implementation of other emissions permits, etc.
The main content of the environmental protection acceptance report on the completion of the construction project and the discharge of pollutants should be recorded by the emissions unit in the project acceptance of the completion of the annual implementation report of the emissions permit.
Pollution accident emissions occurring in the unit, shall be reported in accordance with relevant laws and regulations.
Article 38 The emission unit shall submit the ledger records, monitoring data and implementation of the report of the authenticity, integrity, and accept the supervision and inspection of the competent environmental protection departments in accordance with law.
Article 39 The competent environmental protection departments shall develop a law enforcement plan, combined with the environmental credit record of the discharge unit, to determine the focus of law enforcement supervision and frequency of inspection.
Supervision and inspection of sewage units by the competent environmental protection departments shall focus on the implementation of the licensing matters specified in the discharge permit. Through law enforcement monitoring, verification of ledger records and automatic monitoring data and other monitoring means, verify the authenticity of emission data and implementation reports, determine whether the permitted emission concentrations and permitted emissions are met, and check the implementation of environmental management requirements.
The competent environmental protection departments shall record the time, content, results and penalty decisions of on-site inspections into the national emission permit management information platform, and publish on the national emission permit management information platform regulatory enforcement information, no emission permit and the list of emission units that violate the provisions of the emission permit.
Article 40 The competent department of environmental protection can purchase services through the government, the organization or entrust technical institutions to provide technical support for emissions permit management.
Technical institutions shall be responsible for the technical reports submitted by them, and shall not charge any fees for the discharge units.
Article 41 The higher environmental protection authorities may supervise, inspect and guide the issuance of emission permits by the lower environmental protection authorities with the authority to issue them, and the higher environmental protection authorities may revoke them according to law if they are found to be in violation of Article 49 of these Measures.
Article 42 encourages the public and the news media to monitor the emissions of sewage units. Emission units shall promptly disclose information about emissions, and consciously accept public supervision.
Citizens, legal persons and other organizations found that emissions units have violated these measures, the right to report to the competent environmental protection departments.
The competent environmental protection department receiving the report shall deal with the matter in accordance with the law, and in accordance with the relevant provisions of the investigation results to be feedback, while the whistleblower confidentiality.
Chapter V change, renewal, revocation
Article 43 In the validity of the emissions permit, the following matters related to the emissions unit changes, the emissions unit shall apply to the issuing environmental protection department within the specified time to change the emissions permit.
(A) the name of the emissions unit, address, legal representative or principal officer and other basic information contained in the original has changed within thirty working days of the date of change.
(B) within thirty working days before the date of the change in the licensing matters due to the discharge unit.
(C) emissions units in the original site to implement new, alteration, expansion projects should be carried out environmental impact assessment, within thirty working days before the date of change in emissions behavior after obtaining approval of environmental impact assessment.
(D) the newly formulated and revised national and local pollutant emission standards within thirty working days before implementation.
(E) the decomposition of the implementation of the law within thirty working days after the change in the total emission control targets of key pollutants
(F) the local people's government shall develop a deadline to meet the plan within thirty working days before implementation.
(G) the local people's government in accordance with the law within thirty working days after the implementation of the emergency plan for heavy polluted weather.
(H) laws and regulations require changes in other circumstances.
The occurrence of the third paragraph of the first paragraph of this article, and the emission of pollutants by equal or reduced alternative to reduce the total emissions of key pollutants to obtain the emission control targets, the emission units to submit applications for changes in emissions permits before the total emissions of key pollutants to control the emissions of sewage units shall be completed to change the emissions permit.
Article 44 The application for a change in emissions permit shall submit the following application materials.
(A) change in emissions permit application.
(B) by the legal representative of the emissions unit or the principal person in charge of the signature or seal of the commitment letter.
(C) a copy of the original emissions permit.
(D) other materials related to the change of emissions permit matters.
Article 45 The issuing environmental protection department shall review the application materials for change, and make a decision to change, in the copy of the emissions permit contains changes and stamped with the seal of the administrative organ, while the national emissions permit management information platform on the announcement; belonging to the first paragraph of Article 43 of these measures, the first case, the original emissions permit shall also be issued.
Belonging to the first paragraph of Article 43 of these measures, the emission permit period is still calculated from the date of issuance of the original certificate; belonging to the second paragraph of Article 43 of these measures, the change in the emission permit period from the date of change.
Belonging to the first paragraph of Article 43 of the circumstances, the issuing environmental protection department shall be changed within ten working days from the date of acceptance of the application for change; belonging to the first paragraph of Article 43 of the other circumstances, the application for change shall be changed within twenty working days from the date of acceptance of the permit decision.
Article 46 emissions units need to extend the validity of the emission permit obtained by law, the expiration of the emission permit shall be thirty working days before the original issuance of the environmental protection department to apply.
Article 47 The application for renewal of the discharge permit shall submit the following materials.
(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) a copy of the original emissions permit.
(D) other materials related to the continuation of emissions permit matters.
Article 48 The issuing environmental protection department shall review the application materials for renewal in accordance with the provisions of Article 29 of these measures, and within twenty working days from the date of acceptance of the renewal application to renew or not renew the permit decision.
The decision to renew the permit, the emissions unit issued to the administrative organs stamped with the emissions permit, the original emissions permit to withdraw the original, while the national emissions permit management information platform on the announcement.
Article 49 of the following circumstances, the issuing environmental protection department or its higher administrative organs, can revoke the discharge permit and the national emissions permit management information platform on the announcement.
(A) exceeded the statutory authority to issue emission permits.
(B) violation of the statutory procedures for the issuance of emission permits.
(C) the issuance of environmental protection department staff abuse of power, negligence in the issuance of emission permits.
(D) does not have the qualifications to apply or does not meet the legal requirements of the applicant to grant an administrative permit
(E) other situations in which the discharge permit can be revoked according to law.
Article 50 of the following circumstances, the issuing environmental protection department shall handle the cancellation of the discharge permit procedures, and in the national discharge permit management information platform announcement: (a) the expiration of the discharge permit.
(A) the expiration of the emission permit, not renewed.
(B) emissions units are legally terminated.
(C) should be cancelled in other cases.
Article 51 The loss or destruction of the discharge permit, the sewage unit shall apply to the issuing environmental protection department within thirty working days to replace the discharge permit; lost discharge permit, before applying for replacement should be published on the national discharge permit management information platform statement of loss; destroyed discharge permit, should be returned at the same time the destroyed discharge permit.
The issuing environmental protection department shall issue a replacement permit within ten working days after receiving the application for replacement, and the national emissions permit management information platform on the announcement.
Chapter VI Legal Liability
Article 52 The competent environmental protection departments in the sewage permit acceptance, issuance and supervision and enforcement of one of the following acts, by its higher administrative organs or supervisory organs to order correction, the 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 for acceptance but did not issue the emission permit.
(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) the implementation of emissions permit management without charging fees.
(E) failure to disclose information related to emissions permits in accordance with the law
(F) failure to perform supervisory duties in accordance with the law or ineffective supervision, resulting in serious consequences
(G) other circumstances that should be held accountable according to law.
Article 53 emissions unit to conceal the relevant information or provide false materials to apply for administrative permits, the issuing environmental protection department shall not accept or deny the administrative permit, and give a warning.
Article 54 violation of the provisions of Article 43 of this method, did not apply for changes in the discharge permit; or violation of the provisions of Article 51 of this method, did not make up the discharge permit in a timely manner, the issuing environmental protection department shall order rectification.
Article 55 The key emissions units do not disclose or do not truthfully disclose the relevant environmental information, the competent environmental protection departments at or above the county level shall order the disclosure, impose a fine in accordance with law, and shall be announced.
Article 56 Violation of Article 34 of these measures, one of the following acts, by the competent environmental protection departments at or above the county level in accordance with the "Prevention and Control of Air Pollution Law of the People's Republic of China" "Water Pollution Prevention and Control Law of the People's Republic of China" provisions, ordered to correct, impose a fine of more than 20,000 yuan 200,000 yuan; refuses to correct, shall be ordered to stop production and rectification.
(A) not in accordance with the provisions of the industrial emissions and toxic and hazardous air pollutants, water pollutants emitted by monitoring, or failure to keep the original monitoring records
(B) not in accordance with the provisions of the installation of air pollutants, water pollutants, automatic monitoring equipment, or not in accordance with the provisions of the competent environmental protection departments to monitor equipment networking, or failure to ensure the normal operation of monitoring equipment.
Article 57 emissions units have the following emissions without a discharge permit, by the competent environmental protection departments at or above the county level in accordance with the "Prevention and Control of Air Pollution Law of the People's Republic of China" "Water Pollution Prevention and Control Law of the People's Republic of China", ordered to correct or ordered to limit production, shut down and rectify, and impose a fine of more than 100,000 yuan one million yuan; the circumstances are serious, reported to the approval of the people's government with the right to approve, ordered to cease operations, close.
(A) according to the law should apply for an emission permit but did not apply, or after applying for an emission permit to discharge pollutants
(B) the expiration of the validity of the discharge permit does not apply for renewal of the discharge permit, or the renewal application without the permission of the issuing environmental protection department still emit pollutants.
(C) the discharge of pollutants after the withdrawal of the discharge permit by law.
(D) other circumstances specified in the laws and regulations.
Article 58 emissions units have the following violations of the discharge permit, by the competent environmental protection departments at or above the county level in accordance with the "Environmental Protection Law of the People's Republic of China" "Air Pollution Prevention and Control Law of the People's Republic of China" "Water Pollution Prevention and Control Law of the People's Republic of China", ordered to correct or ordered to limit production, shut down and rectify, and impose a fine of more than 100,000 yuan to one million yuan; in serious cases, the approval of the people's government with the right to approve, ordered to cease operations, close.
(A) exceed the emission standards or exceed the key air pollutants, key water pollutants emission control indicators of total emissions of water pollutants, air pollutants
(B) through clandestine emissions, tampering or falsification of monitoring data, temporary shutdown for the purpose of evading on-site inspection, non-emergency opening of emergency emission channels, abnormal operation of air pollution prevention and control facilities and other ways to evade supervision of emissions of air pollutants
(C) the use of seeps, seepage pits, fissures, caves, private concealed pipes, tampering, falsification of monitoring data, or improper operation of water pollution prevention and control facilities to avoid supervision of the discharge of water pollutants.
(D) other discharge of pollutants in violation of the provisions of the discharge permit.
Article 59 emissions unit illegal emissions of air pollutants, water pollutants, punished by a fine, was ordered to correct the administrative organ of the penalty decision to organize a review, found that it continues to illegally discharge air pollutants, water pollutants or refuse or obstruct the review, the administrative organ of the penalty decision can be ordered to correct the date of the next day, according to the amount of the original penalty on a continuous daily basis.
Article 60 emissions units occur in the second and third paragraph of Article 35 of these measures or Article 37, paragraph 4, paragraph 2 of the anomalies, timely report the issuing environmental protection department, and take the initiative to take measures to eliminate or mitigate the harmful consequences of violations, the competent environmental protection departments at or above the county level shall, in accordance with the "People's Republic of China Administrative Penalties Law" relevant provisions of a lighter penalty.
The emission unit shall record the first paragraph of this article in the corresponding quarterly implementation report or monthly implementation report.
Chapter VII By-laws
Article 61 In accordance with these measures for the first issuance of emission permits, the competent environmental protection department may issue an emission permit to an emission unit that has been put into production or operation before the implementation of these measures, if one of the following circumstances exists, and the emission unit undertakes to correct and proposes a correction plan, and the emission permit records the existence of the problem, specifies its commitment to correct the content and commitment to correct the period.
(A) before the implementation of these measures of new construction, alteration, expansion of construction projects do not meet the first condition of Article 29 of these measures.
(B) does not meet the second condition of Article 29 of these measures.
For the emissions units that do not meet the first condition of Article 29 of these measures, the issuing environmental protection department in accordance with the "Environmental Protection Management Regulations for Construction Projects" Article 23, ordered to correct, and impose a fine.
For those who do not meet the second conditions of Article 29 of this method of emission units, the issuing environmental protection departments in accordance with the "Prevention and Control of Air Pollution Law" Article 99 or "Water Pollution Prevention and Control Law of the People's Republic of China" Article 83, ordered to correct or ordered to limit production, shut down and rectification, and impose a fine.
The second paragraph of this article, the third paragraph of the issuance of the environmental protection department to order correction or restrict production, shutdown and rectification of the content of the first paragraph of this article shall be consistent with the provisions of the emission permit to correct the content; the second paragraph of this article, the third paragraph of the issuance of the environmental protection department to order correction or restrict production, shutdown and rectification period, the first paragraph of this article shall be consistent with the provisions of the emission permit to correct the period of time.
The first paragraph of this article provides for the emission permit correction period of three to six months, up to one year.
During the correction period or to limit production, shutdown period, the emissions unit shall discharge according to the certificate, the implementation of self-monitoring, accounting records and implementation of the reporting system, the issuance of environmental protection departments shall strengthen supervision and inspection in accordance with the provisions of the discharge permit.
Article 62 The first paragraph of Article 61 of these measures discharge permit provisions of the correction period expires, the sewage unit to complete the correction task or complete the correction task in advance, you can apply to the issuing environmental protection department to change the discharge permit, the issuing environmental protection department shall be in accordance with the provisions of Chapter V of these measures to change the discharge permit.
The first paragraph of Article 61 of these measures discharge permit provisions of the corrective period expires, the emissions unit still does not meet the permit conditions, the issuing environmental protection department in accordance with the "Prevention and Control of Air Pollution Law of the People's Republic of China" Article 99 or "Water Pollution Prevention and Control Law of the People's Republic of China" Article 83 or "Construction Projects Environmental Protection Management Regulations" Article 23, to make recommendations to the approval of the people's government has the power to approve the order to cease operations, close, and cancel the discharge permit in accordance with the provisions of Article 50 of these measures.
Article 63 For the implementation of these measures issued under local regulations before the discharge permit, is still valid, the original issuing environmental protection department shall fill in the national discharge permit management information platform data to obtain the discharge permit code; has expired, the emissions unit shall apply for a discharge permit in accordance with these measures.
Article 64 The discharge permit format specified in Article 12 of these Measures, the sample commitment letter specified in Article 20 and the application form format of the discharge permit specified in Article 26 of these Measures, developed by the Ministry of Environmental Protection.
Article 65 The discharge permit referred to in these Measures, refers to the competent authorities of environmental protection according to the application and commitment of the discharge unit, through the issuance of emission permits in the form of legal instruments, in accordance with the law to regulate and limit the discharge behavior, clear environmental management requirements, according to the discharge permit to implement supervision and enforcement of environmental management system of the discharge unit.
Article 66 The principal person referred to in these measures is the person in charge of the exercise of authority on behalf of unincorporated units in accordance with laws and administrative regulations.
Article 67 The emission units involved in state secrets, the application, acceptance, review, issuance, change, renewal, cancellation, revocation, loss and replacement of their emission permits shall be implemented in accordance with the provisions of confidentiality.
Article 68 These measures shall come into force on the date of publication.
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