Chapter I General Provisions
Article 1 (Purpose)
In order to regulate pollutant discharge, strengthen supervision and management, prevent and control pollution, and improve environmental quality, these measures are formulated in accordance with the Administrative Licensing Law of People's Republic of China (PRC), the Environmental Protection Law of People's Republic of China (PRC) and the Regulations of Liaoning Province on Environmental Protection.
Article 2 (Definitions)
The term "pollutant discharge permit" as mentioned in these Measures refers to the certificate issued by the competent department of environmental protection according to the application of the pollutant discharge unit to allow it to discharge pollutants in the process of production and operation.
The term "sewage units" as mentioned in these Measures refers to enterprises, institutions and other producers and operators that discharge pollutants, which are divided into key sewage units and general sewage units.
The term "key pollutants" as mentioned in these Measures refers to the pollutants subject to total emission control by the state, and other pollutants that have a serious impact on the environment and need to take special control measures as determined by the provincial and municipal people's governments according to the requirements of improving the environmental quality of their administrative areas.
Article 3 (Scope of Application)
These Measures shall apply to the pollutant discharge units that implement the management of pollutant discharge permits according to law, and the issuance, supervision and management of pollutant discharge permits by the competent department of environmental protection.
Article 4 (Licensing Matters)
The licensing items of the pollutant discharge permit include the types, concentrations and total amount of pollutants allowed by the pollutant discharge unit, the discharge mode, discharge time and discharge destination, and the environmental management requirements for the pollutant discharge unit.
Article 5 (Voucher Cancellation)
Pollutant discharge units that implement the management of pollutant discharge permits shall discharge pollutants in accordance with the requirements of pollutant discharge permits; No pollutant shall be discharged without obtaining a pollutant discharge permit.
Article 6 (Subject of Implementation)
The environmental protection departments of provinces, cities and counties (including county-level cities and districts, the same below) shall implement the management of pollutant discharge permits in accordance with these measures.
Article 7 (Hierarchical Management)
The provincial environmental protection department is responsible for the guidance and supervision of the management of pollutant discharge permits.
The competent department of environmental protection at the city and county level shall be responsible for the issuance, supervision and management of pollutant discharge permits within their respective administrative areas. The municipal competent department of environmental protection may, according to the actual situation, delimit the authority to issue pollutant discharge permits within its jurisdiction.
Chapter II Application and Issuance
Article 8 (Scope of Application)
A pollutant discharge unit under any of the following circumstances shall apply for a pollutant discharge permit in accordance with the provisions of these Measures:
(a) pollutant discharge units that discharge industrial waste gas or toxic and harmful air pollutants as prescribed by the state;
(two) sewage units that directly or indirectly discharge industrial wastewater and medical sewage into water bodies;
(3) Operating units of central heating facilities;
(4) Large-scale livestock and poultry farms;
(five) urban or industrial sewage centralized treatment units;
(six) garbage centralized treatment and disposal units or hazardous waste treatment and disposal units;
(seven) other pollutant discharge units that should obtain pollutant discharge permits in accordance with the provisions.
Article 9 (Classification of Pollutant Discharge Units)
Key pollutant discharge units refer to national, provincial and municipal key environmental monitoring enterprises.
The list of key pollutant discharge units shall be announced to the public by the competent department of environmental protection at or above the municipal level.
General pollutant discharge units refer to pollutant discharge units other than key pollutant discharge units.
Article 10 (Publication of Grading Application List)
The provincial environmental protection department shall formulate a phased implementation plan for the issuance of pollutant discharge permits. The competent department of environmental protection at the city and county level shall, according to the phased implementation plan, determine the application list of pollutant discharge permits for pollutant discharge units within their respective administrative areas and make an announcement to the public.
Article 11 (Time limit for application)
The pollutant discharge unit shall submit the application materials for the pollutant discharge permit within the time limit prescribed by the competent department of environmental protection and apply for the pollutant discharge permit.
The unit where the construction project is located shall build environmental protection facilities in accordance with the requirements of the approval or filing documents of the environmental impact assessment of the construction project, and apply to the competent department of environmental protection within 30 working days after the environmental protection acceptance of the project is completed.
Article 12 (Application Materials)
When applying for a pollutant discharge permit, a pollutant discharge unit shall fill in an application form for a pollutant discharge permit and submit the following supporting materials:
(1) Business license and organization code certificate;
(two) the approval documents of environmental impact assessment, environmental protection acceptance materials for project completion or filing documents;
(3) Where a pollutant discharging unit discharges pollutants into a town or an industrial sewage centralized treatment unit, it shall submit the certification materials that the relevant unit agrees to accept;
(four) other materials as prescribed by laws, regulations and rules.
Key pollutant discharge units applying for pollutant discharge permits shall also submit the following certification materials:
(a) where automatic monitoring equipment for pollution sources should be installed, the acceptance materials of automatic monitoring equipment and the monitoring records of the last month should be submitted;
(2) If automatic monitoring equipment is not required to be installed, the monitoring report within the latest year shall be submitted;
(3) Certification materials of the sewage outlet that meet the national or local requirements;
(four) failing to prepare the emergency plan for sudden environmental incidents according to the regulations;
The list of application materials to be submitted shall be announced to the public by the competent department of environmental protection at the municipal and county levels through the Internet, newspapers and other media or other means that are convenient for the public to know.
Article 13 (Acceptance Procedures)
The competent department of environmental protection shall, after receiving the application materials of the pollutant discharge unit, deal with them respectively according to the following circumstances:
(a) in accordance with these measures, it is not necessary to obtain a pollutant discharge permit, and it shall immediately inform the pollutant discharge unit that it will not accept it;
(two) do not belong to the scope of authority of the administrative organ to issue a sewage permit, it shall immediately make a decision not to accept it, and inform the sewage unit to apply to the corresponding issuing authority;
(3) If there are errors in the application materials that can be corrected on the spot, the pollutant discharging unit shall be allowed to correct them on the spot;
(4) If the application materials are incomplete or do not meet the requirements, the pollutant discharge unit shall be informed of all the contents that need to be corrected at one time on the spot or within five working days. If it is not submitted within the time limit, it will be accepted as of the date of receipt of the application materials;
(5) If the application materials are complete and conform to the regulations, or the pollutant discharge unit submits all the corrected application materials according to the requirements of this administrative organ, it shall accept the application.
The competent department of environmental protection shall issue a written certificate when accepting or rejecting the application.
Article 14 (Licensing Conditions)
To obtain a pollutant discharge permit, a pollutant discharge unit shall meet the following conditions:
(a) the way and destination of pollutant discharge meet the requirements of ecological protection red line and environmental function zoning;
(two) the production capacity, technology, equipment and products meet the requirements of the current national and local industrial policies;
(three) the environmental impact assessment document of the construction project has been approved or filed by the competent department of environmental protection, and the environmental protection acceptance procedures for the completion of the project are complete. Except that environmental impact assessment is not required by laws and regulations.
Key pollutant discharge units shall also meet the following conditions:
(a) in accordance with the relevant provisions of the state and monitoring standards for the installation and use of monitoring equipment;
(2) Failing to prepare an emergency plan for sudden environmental incidents as required;
(three) set up a sewage outlet that meets the national or local requirements;
(four) the implementation of paid use and trading of emission rights, in accordance with the provisions of the emission rights.
Article 15 (Review Procedures)
After the application for pollutant discharge permit is accepted, the competent department of environmental protection responsible for issuing it shall review the application materials submitted by the pollutant discharge unit and put forward audit opinions. If the auditors have doubts about the substance of the application materials and need to go to the site for verification, they shall conduct on-site verification.
The competent department of environmental protection shall announce to the public before issuing the pollutant discharge permit. If there is any objection, the competent department of environmental protection shall make a decision on whether to issue it according to the feedback and the defense of the pollutant discharge unit.
Where the competent department of environmental protection decides not to issue a pollutant discharge permit, it shall inform the pollutant discharge unit in writing, explain the reasons, and inform the pollutant discharge unit that it has the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
The competent department of environmental protection shall, within 20 working days from the date of acceptance, make an audit decision, issue a pollutant discharge permit within 10 working days from the date of making a decision to grant the permit, and make an announcement. If there is any objection to the on-site verification or publicity, the time required shall not be calculated within the time limit specified in this paragraph.
Article 16 (Licensed Contents)
The contents of the pollutant discharge permit include:
(a) the types, methods, time and destination of pollutants discharged;
(two) the location (latitude and longitude) and number of sewage outlets;
(three) the pollutant discharge concentration limit implemented by the pollutant discharge unit;
(four) the annual allowable emissions of key pollutants and the daily maximum allowable emissions of key pollutant discharge units; According to the national and local requirements for the total control of key pollutants, the total amount and time limit for reduction are stipulated;
(5) Special control requirements for intermittent and seasonal emissions.
Article 17 (Verification of Allowable Emissions)
The annual allowable pollutant discharge of the pollutant discharge unit shall be comprehensively verified according to the environmental impact assessment results, the environmental protection acceptance data of the project completion, the daily environmental monitoring data and the total amount control. It shall not exceed the results approved according to the special emission limits of pollutants and the benchmark discharge per unit product (the highest allowable discharge in the industry) or the amount of waste gas.
In principle, the daily maximum allowable discharge of pollutant discharge units shall not exceed 2 times of the daily average annual allowable discharge of pollutants under normal working conditions.
In areas or river basins where the environmental quality is not up to standard, the municipal and county environmental protection departments may, with the approval of the people's government at the same level, impose stricter pollutant emission concentration limits and annual allowable emissions on the pollutant discharge units within their jurisdiction, and incorporate them into the management of pollutant discharge permits.
Article 18 (Specific Items)
The pollutant discharge permit is divided into original and duplicate, which have the same legal effect.
The original pollutant discharge permit shall specify the following items:
(a) the name, domicile, address of production and business premises and legal representative (principal responsible person) of the pollutant discharge unit;
(2) Types of key pollutants and characteristic pollutants discharged;
(3) term of validity;
(4) Issuing authority, date of issuance and certificate number.
A copy of the pollutant discharge permit shall specify the matters specified in the preceding paragraph and the licensing contents specified in Article 16 of these Measures.
The copy shall also specify the basic information and environmental management requirements of the pollutant discharge unit.
Article 19 (Validity Period)
The validity period of the pollutant discharge permit shall not exceed five years at the longest, and the expiration date shall generally be connected with the national and local planning period for total amount control of key pollutants. If it is necessary to continue to discharge pollutants at the expiration of the validity period, it shall continue or re-apply for a pollutant discharge permit 60 days before the expiration of the validity period in accordance with the provisions of these measures.
Article 20 (Change and Re-application)
Where the matters specified in Item (1) and Item (2) of Paragraph 2 of Article 18 of these Measures and the basic situation of the pollutant discharge unit change, the pollutant discharge unit shall submit an application for change of the pollutant discharge permit to the original issuing authority within 15 working days from the date when the matters change, and the original issuing authority shall complete the examination within 15 working days from the date of receiving the application. Those who meet the requirements shall go through the relevant change procedures.
Under any of the following circumstances, the pollutant discharge unit shall re-apply for the pollutant discharge permit:
(1) The matters specified in items (1) and (2) of Article 16 of these Measures have changed;
(two) due to changes in national or local pollutant discharge standards, the pollutant discharge concentration limit implemented by the pollutant discharge unit exceeds the discharge standard;
(three) due to changes in production scale and production technology. The type of pollutant discharge changes, and the concentration or total amount changes significantly;
(four) due to changes in the national or local total pollutant control policies and other circumstances that should be re-applied.
Article 21 (Extension and Non-extension)
After the expiration of the validity period of the pollutant discharge permit, if the pollutant discharge unit requests an extension, it shall apply for an extension 60 days before the expiration of the validity period to the competent environmental protection department that originally issued the permit.
The competent department of environmental protection shall review the application for extension submitted by the pollutant discharge unit. If the matters specified in the pollutant discharge permit have not changed, the extension formalities shall be handled within fifteen working days.
Under any of the following circumstances, the pollutant discharge permit shall not be renewed, and the competent department of environmental protection that originally issued the permit shall notify the pollutant discharge unit in writing, explain the reasons, and inform the pollutant discharge unit that it has the right to apply for administrative reconsideration or bring an administrative lawsuit according to law:
Does not conform to the provisions of article fourteenth of these measures;
(two) due to the red line of ecological protection or the adjustment of environmental function zoning, the discharge of pollutants specified in the original sewage permit is prohibited or restricted in this area;
(3) Other circumstances stipulated by laws, regulations and rules.
Article 22 (Compensation for Losses)
If the pollutant discharge permit is lost or damaged, the pollutant discharge unit shall, within 15 working days, apply to the competent department of environmental protection that originally issued the permit for reissue.
Chapter III Management and Supervision
Article 23 (Basic Requirements for Sewage Disposal Units)
A pollutant discharge unit holding a pollutant discharge permit shall meet the following basic requirements:
(1) Hanging the original pollutant discharge permit in the office or production and business premises;
(two) shall not be altered, forged, leased, lent, resold or illegally transferred by other means;
(3) Standardizing the setting of sewage outlets in accordance with regulations;
(4) The type, concentration, total amount, location, manner and destination of the discharged pollutants conform to the provisions of the pollutant discharge permit, and it is not allowed to set up concealed pipes privately or evade supervision by other means;
(five) in accordance with the provisions of these measures, if it is necessary to change, reapply or extend the pollutant discharge permit, it shall apply to the competent department of environmental protection in a timely manner;
(six) to ensure the normal use of pollution prevention and control facilities, and shall not be dismantled or left idle without the approval of the competent department of environmental protection;
(seven) to pay sewage charges in accordance with the provisions;
(eight) the establishment of pollutant discharge and pollution control facilities operating account;
(nine) the establishment of environmental protection responsibility system, clear the responsibility of the person in charge of the unit and the relevant personnel;
(ten) key pollutant discharge units shall, in accordance with the relevant provisions, formulate their own monitoring plans, carry out their own monitoring, disclose their monitoring information in a timely manner and ensure the integrity of the information content;
(eleven) key pollutant discharge units shall regularly check the automatic monitoring equipment of pollution sources to ensure the normal operation, keep the original records, and report the pollution situation to the competent department of environmental protection;
(twelve) key pollutant discharge units shall prepare emergency plans for sudden environmental incidents and equip them with necessary environmental emergency facilities, equipment and materials;
(thirteen) other obligations stipulated by laws, regulations and rules.
Article 24 (Information Disclosure of Pollutant Discharge Units)
Sewage disposal units shall timely and truthfully disclose environmental information such as the operation of pollution control facilities and pollutant discharge.
Key pollutant discharge units shall, by themselves or by entrusting a third-party agency, truthfully prepare the annual implementation report of the contents stipulated in Article 16 of these Measures, report to the competent department of environmental protection and make it public.
Article 25 (Social Supervision)
Encourage the public and news media to supervise the pollutant discharge behavior of pollutant discharge units.
Citizens, legal persons and other organizations have the right to report violations of these measures to the competent department of environmental protection. The competent department of environmental protection that accepts the report shall investigate and deal with it according to law, and feed back the investigation results in accordance with relevant regulations.
Article 26 (Daily Supervision)
The competent department of environmental protection shall regularly check the implementation of the pollutant discharge permit, record relevant information and establish the pollutant discharge permit management file.
Article 27 (Information Management and Reporting)
The competent department of environmental protection shall establish and improve the pollution discharge permit management information system, standardize the application, review and issuance of pollution discharge permits, and improve management efficiency.
The competent department of environmental protection shall, in accordance with the requirements of national and local information disclosure, disclose the issuance, supervision and management of pollutant discharge permits to the public every year and report to the competent department of environmental protection at the next higher level.
Article 28 (Supervision and Inspection by Superior to Subordinate)
The competent department of environmental protection at a higher level shall strengthen the operational guidance, supervision and inspection of the management of pollutant discharge permits by the competent department of environmental protection at a lower level, and promptly correct the illegal acts of the competent department of environmental protection at a lower level in implementing the management of pollutant discharge permits.
Article 29 (Revocation of Discharge Permit)
In any of the following circumstances, the competent department of environmental protection that issued the pollutant discharge permit or the competent department of environmental protection at a higher level shall revoke the pollutant discharge permit:
(a) the application materials of the pollutant discharge unit are untrue, or the pollutant discharge permit is obtained by cheating, bribery or other improper means;
(2) Issuing pollutant discharge permits to unqualified pollutant discharge units;
(three) in violation of the procedures issued by the sewage permit;
(four) beyond the authority to issue sewage permits;
(five) the staff of the competent department of environmental protection abuse their powers and neglect their duties to issue pollutant discharge permits;
(six) other circumstances in which the pollutant discharge permit can be revoked according to law.
Article 30 (Cancellation of Discharge Permit)
In any of the following circumstances, the competent department of environmental protection that issued the pollutant discharge permit shall cancel the pollutant discharge permit:
(a) the validity period of the sewage discharge permit has not been extended;
(two) sewage units shall be closed according to law;
(3) The pollutant discharge unit has re-obtained the pollutant discharge permit;
(4) Failing to change or reapply for the pollutant discharge permit in time, being ordered to change or reapply and refusing to implement it;
(five) other circumstances that should be cancelled according to laws, regulations and rules.
Article 31 (Punishment)
Those who discharge pollutants without obtaining a pollutant discharge permit, are ordered to stop discharging pollutants, refuse to implement them, and do not discharge pollutants according to the requirements of the permit shall be investigated and dealt with according to relevant laws and regulations.
Chapter IV Supplementary Provisions
Article 32 (Text Format)
The format of the original and copy of the sewage permit shall be uniformly stipulated by the provincial environmental protection department and printed by environmental protection departments at all levels.
The format of the application form for pollutant discharge permit shall be stipulated by the competent department of environmental protection at the city or county level.
Pollutant discharge permits are numbered in the digital format of "x-YYYY-zzzzzzz-w"17, where: x is the administrative division code of the issuing authority, yyyy is the year when the pollutant discharge permit is issued, and zzzzzzzzzzz is the annual pollutant discharge permit number; W is "A" or "B", where A stands for key pollutant discharge unit and B stands for general pollutant discharge unit.
Article 33 (Cohesion of Implementation Period)
Before the implementation of these measures, the pollutant discharge permit obtained by the pollutant discharge unit shall remain valid before the expiration of the validity period, but it shall not be extended. If there is no need to change it within the prescribed time limit, it shall re-apply for the pollutant discharge permit in accordance with the provisions of these measures.
Article 34 (Implementation Date)
These Measures shall come into force as of the date of promulgation.