"Sewage Charge Collection and Use Management Regulations" has been adopted by the State Council on January 30, 2002, the 54th executive meeting, is hereby promulgated, from July 1, 2003 shall come into force. Premier Zhu Rongji
January 2, 2003
Chapter I General Provisions
Article 1 In order to strengthen the management of the collection and use of sewage charges, the formulation of these regulations.
Article 2 Units and individual industrial and commercial households directly discharging pollutants into the environment (hereinafter referred to as the discharger) shall pay sewage charges in accordance with the provisions of these regulations.
The sewage discharger to the centralized urban sewage treatment facilities, pay sewage treatment costs, no longer pay sewage charges. Sewage dischargers built industrial solid waste storage or disposal facilities, places and meet environmental protection standards, or its original industrial solid waste storage or disposal facilities, places by the transformation to meet environmental protection standards, from the date of completion of the construction or transformation, no longer pay sewage charges.
The state is actively promoting the industrialization of urban sewage and garbage disposal. The charging methods for centralized treatment of urban sewage and garbage are formulated separately.
Article 3 The administrative department of environmental protection, the financial department and the department in charge of prices of the people's governments at or above the county level shall, in accordance with their respective duties, strengthen the guidance, management and supervision of the collection and use of sewage charges.
Article IV of sewage charges, the collection and use of sewage charges must be strictly implemented "two lines of income and two lines of expenditure", the collection of sewage charges are paid to the Treasury, environmental protection and law enforcement of the funds required to be included in the budget of the department, by the level of finance to be safeguarded.
Article 5 sewage charges shall be fully dedicated to the prevention and control of environmental pollution, no unit or individual shall not be retained, squeezed or diverted for other purposes.
Any unit or individual on the retention, misappropriation or misappropriation of sewage charges, have the right to report, indictment and complaints.
Chapter II Approval of Types and Quantities of Pollutants Discharged
Article 6 A discharger shall, in accordance with the provisions of the administrative department for environmental protection under the State Council, declare to the administrative department for environmental protection of the local people's government at or above the county level the types and quantities of pollutants discharged and provide relevant information.
Article 7 The competent administrative department for environmental protection of the local people's governments at or above the county level shall, in accordance with the approved authority prescribed by the competent administrative department for environmental protection under the State Council, approve the types and quantities of pollutants discharged by the discharger.
The quantity of sulfur dioxide discharged by electric power enterprises with an installed capacity of 300,000 kilowatts or more shall be approved by the competent administrative department for environmental protection of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The types and quantities of pollutant discharges are approved, and the discharger is notified in writing by the competent administrative department for environmental protection responsible for the approval of pollutant discharges.
Article 8 If the discharger has any objection to the approved types and quantities of pollutant discharge, he may, within seven days from the date of receipt of the notification, apply for a review to the competent administrative department of environmental protection which has issued the notification; and the competent administrative department of environmental protection shall make a decision on the review within ten days from the date of receipt of the application for the review.
Article 9 The competent administrative department for environmental protection responsible for the approval of pollutant discharge in the approval of the type and quantity of pollutant discharge, with monitoring conditions, in accordance with the State Council's administrative department for environmental protection, the approval of the monitoring method; does not have the conditions for monitoring, in accordance with the State Council's administrative department for environmental protection, the approval of the method of material accounting.
Article 10 of the dischargers use the state mandatory testing of pollutant discharge automatic monitoring instruments for pollutant discharge monitoring, the monitoring data as the approved types and quantities of pollutant discharges based on.
The pollutant discharge automatic monitoring instruments installed by the pollutant discharge shall be calibrated regularly in accordance with the law.
Chapter III Collection of Pollutant Discharge Charges
Article 11 The competent departments of the State Council, the price department, the financial department, the administrative department of environmental protection and the department in charge of economy and trade, in accordance with the need for the development of the industrialization of pollution control, pollution prevention and treatment of the requirements and the economic and technological conditions, as well as the affordability of the polluters, to formulate the national standards of the pollutant discharge charge collection.
Not stipulated in the national sewage charge levy standards, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local sewage charge levy standards, and report to the competent department of the State Council department in charge of prices, the financial department, the administrative department in charge of environmental protection and the competent department in charge of economy and trade for the record.
The revision of the standard for the collection of sewage charges is subject to an advance notice system.
Article 12 A discharger shall pay sewage charges in accordance with the following provisions:
(1) If a discharger discharges pollutants into the atmosphere or the sea in accordance with the Law on the Prevention and Control of Air Pollution and the Law on the Protection of the Marine Environment, he or she shall pay sewage charges in accordance with the type and quantity of pollutants discharged.
(2) In accordance with the provisions of the Law on the Prevention and Control of Water Pollution, if pollutants are discharged into a body of water, sewage charges shall be paid according to the type and quantity of pollutants discharged; if pollutants are discharged into a body of water in excess of national or local emission standards, sewage charges shall be doubled according to the type and quantity of pollutants discharged.
(c) in accordance with the provisions of the Law on the Prevention and Control of Environmental Pollution by Solid Wastes, no construction of industrial solid waste storage or disposal facilities, places, or industrial solid waste storage or disposal facilities, places do not meet the environmental protection standards, in accordance with the type of pollutants discharged, the number of sewage charges; disposal of hazardous wastes to landfill does not comply with the relevant provisions of the State, in accordance with the type of pollutants discharged, the number of hazardous wastes discharged, the type of pollutants discharged. Types and quantities of hazardous wastes to pay sewage charges in accordance with the types and quantities of pollutants discharged.
(d) in accordance with the provisions of the Law on the Prevention and Control of Environmental Noise Pollution, environmental noise pollution exceeds the national environmental noise standards, in accordance with the emission of noise exceeding the sound level to pay sewage charges.
The payment of sewage charges by the discharger is not exempted from the responsibility of preventing and controlling pollution, compensating for pollution damages and other responsibilities stipulated by laws and administrative regulations.
Article 13 The competent administrative department of environmental protection in charge of pollutant discharge authorization, shall determine the amount of sewage charges to be paid by the discharger in accordance with the standards for the collection of sewage charges and the type and quantity of pollutants discharged by the discharger, and shall make a public announcement.
Article 14 After the amount of sewage charges has been determined, the competent administrative department for environmental protection in charge of the work of pollutant discharge authorization shall deliver to the discharger a notice of payment of sewage charges.
The discharger shall, within seven days from the date of receipt of the notice of payment of sewage charges, pay the sewage charges at a designated commercial bank. Commercial banks shall, in accordance with the prescribed proportion of sewage charges received by the central treasury and local treasury respectively. Specific measures shall be formulated by the financial department of the State Council in conjunction with the administrative department of environmental protection under the State Council.
Article 15 If a discharger suffers a major economic loss due to force majeure, he may apply for a 50% reduction in the payment of sewage charges or exemption from payment of sewage charges.
If a discharger fails to take effective measures in time and causes environmental pollution, he may not apply for a 50% reduction in the payment of sewage charges or exemption from payment of sewage charges.
The specific measures for the reduction or exemption of sewage charges shall be formulated by the financial department of the State Council and the price department of the State Council in conjunction with the administrative department of environmental protection under the State Council.
Article 16 If a discharger is unable to pay the sewage charges on time due to special difficulties, he may, within seven days from the date of receipt of the notification of payment of sewage charges, apply for a deferral of payment of the sewage charges to the competent administrative department for environmental protection which issued the notification of payment; the competent administrative department for environmental protection shall, within seven days from the date of receipt of the application, issue a decision in writing; failure to issue a decision by the expiration of this period is deemed to be consent.
The period of deferred payment of sewage charges shall not exceed three months.
Article 17 The list of dischargers approved to reduce, exempt or defer payment of sewage charges shall be announced by the competent administrative department for environmental protection accepting the application in conjunction with the finance department and the competent department for pricing at the same level, and the announcement shall state the main reasons for approving the reduction, exemption or deferment of payment of sewage charges.
Chapter IV The use of sewage charges
Article 18 sewage charges must be included in the fiscal budget, included in the management of special funds for environmental protection, mainly used for the following projects grant subsidies or loan discounts:
(a) the key sources of pollution prevention and control;
(b) the regional prevention and control of pollution;
(c) the new pollution prevention and control technology, development, demonstration and application of new technology;
(iv) other pollution prevention and control projects stipulated by the State Council.
The specific methods of utilization shall be formulated by the financial department of the State Council in conjunction with the administrative department of environmental protection of the State Council after consulting other relevant departments.
Article 19 The financial departments of the people's governments at or above the county level and the administrative departments of environmental protection shall strengthen the management and supervision of the use of special funds for environmental protection.
Units and individuals using special funds for environmental protection in accordance with the provisions of Article 18 of these Regulations must use them in accordance with the approved purposes.
The financial departments of the local people's governments at or above the county level and the administrative departments for environmental protection shall report quarterly to the people's governments at their respective levels, the financial departments of their superiors and the administrative departments for environmental protection on the use and management of the special funds for environmental protection within the administrative area.
Article 20 The auditing authorities shall strengthen the audit supervision of the use and management of special funds for environmental protection.
Chapter V Penalties
Article 21 If a discharger fails to pay the sewage charges in accordance with the regulations, the competent administrative department for environmental protection of the local people's government at or above the county level shall order the payment of such charges by a specified date on the basis of its authority; if it refuses to pay the charges after the expiration of the deadline, it shall impose a fine of not less than one but not more than three times the amount of the charges to be paid and shall report it to the people's government with the right of approval for ordering the shutdown of production and reorganization of the business.
Article 22 Where a discharger uses deception to obtain approval for reduction, exemption or deferral of payment of sewage charges, the competent administrative department of environmental protection of the local people's government at or above the county level shall, ex officio, order the payment of the sewage charges to be paid within a certain period of time and impose a fine of not less than one but not more than three times the amount of the sewage charges fraudulently approved for reduction, exemption or deferral of payment of the amount of the sewage charges.
Article 23 Users of special funds for environmental protection do not use the special funds for environmental protection in accordance with the approved purposes, by the people's governments at or above the county level of the administrative department of environmental protection or the financial department on the basis of the authority ordered to make corrections within a certain period of time; if the corrections are not made after the expiration of the deadline, the users shall not be permitted to apply for the use of special funds for environmental protection for a period of 10 years and shall be subject to a fine not less than one and not exceeding three times the amount of the funds diverted.
Article 24 Where the administrative department for environmental protection of the local people's government at or above the county level shall collect but fails to collect or undercollects the sewage charges, the competent department for environmental protection of the higher level shall have the right to order it to make corrections within a certain period of time, or directly order the dischargers to pay the sewage charges.
Article 25 Any staff member of the administrative department of environmental protection, finance department or price department of the people's government at or above the county level who commits any of the following acts shall be investigated for criminal liability in accordance with the provisions of the Criminal Law concerning the crimes of abuse of power, dereliction of duty, or misappropriation of public funds; and if not yet sufficiently criminally punishable, he or she shall be subject to administrative sanctions according to the law:
(1) Approval of the reduction, exemption, deferral of payment or suspension of payment of sewage charges in violation of the provisions of these Regulations. reduction, exemption or deferral of payment of sewage charges;
(2) withholding or appropriating special funds for environmental protection or misappropriating special funds for environmental protection for other purposes;
(3) failing to carry out the supervision and management duties in accordance with the provisions of these Regulations, and failing to investigate and deal with violations of the law, which results in serious consequences.
Chapter VI Supplementary Provisions
Article 26 These Regulations shall come into force on July 1, 2003, and the Interim Measures for the Collection of Sewage Charges issued by the State Council on February 5, 1982, and the Interim Measures for the Reimbursable Use of Special Funds for the Control of Pollution Sources issued by the State Council on July 28, 1988, shall be repealed at the same time.
Upward adjustment of sewage charges Editor
On September 5, 2014, the National Development and Reform Commission, the Ministry of Finance and the Ministry of Environmental Protection recently jointly issued the Notice on the Adjustment of Sewage Charge Levy Standards and Other Relevant Issues, which requires provinces (autonomous regions and municipalities) to take into account the actual situation, adjust the sewage charges for sewage and waste gas major pollutants, raise the collection rate, implement a differentiated sewage charging policy, and utilize the Economic means, price leverage, the establishment of effective constraints and incentives to encourage enterprises to take the initiative to combat pollution and reduce emissions to protect the ecological environment.
The notice stipulates that before the end of June 2015, the provinces (autonomous regions and municipalities) should adjust the sewage charge for sulfur dioxide and nitrogen oxides in exhaust gas to not less than 1.2 yuan per pollution equivalent, and the sewage charge for chemical oxygen demand, ammonia nitrogen and lead, mercury, chromium, cadmium and arsenic five major heavy metals in sewage to not less than 1.4 yuan per pollution equivalent. The state encourages the key pollution prevention and control regions and economically developed areas, the development of higher than the above standards for the collection of standards. Localities should establish a differential sewage charges mechanism, the discharge of pollutants in excess of the emission limits or exceeding the total amount of indicators, as well as included in the elimination category catalog of enterprises, the implementation of higher levy standards; for the better effect of pollution control enterprises to implement a lower levy standards.
The notice emphasized that localities should gradually expand the application of sewage charges approved by automatic monitoring data in accordance with the stipulated time and progress, improve the collection rate, and make the sewage charges collected as much as possible. To vigorously promote the government to purchase services from a third party, the third party is responsible for the installation, operation and maintenance of pollution sources automatic monitoring facilities, to ensure that the monitoring data is true and accurate.
The notice requires that the price, finance and environmental protection departments at all levels should, in accordance with their respective responsibilities, strengthen environmental law enforcement and sewage charges collection inspection, crack down on smuggling and discharge, illegal discharge of toxic and hazardous pollutants, abnormal use of pollution prevention and control facilities and other violations; resolutely investigate and deal with non-payment of sewage charges in accordance with the provisions of the act or overdue payment, and in accordance with the relevant provisions of the penalties. At the same time, to do a good job of information disclosure, improve the transparency of policy implementation, and actively accept social supervision. [1]
On the morning of September 15, 2015, the Beijing Municipal Commission of Development and Reform, the Municipal Bureau of Finance, and the Municipal Environmental Protection Bureau jointly convened a press conference to release the Notice on the Standard for Volatile Organic Compounds Sewage Charges.
This notice makes it clear that since October 1, 2015, Beijing will begin to collect VOC sewage charges in 17 industry subcategories of five major industries, including furniture manufacturing, packaging and printing, petrochemical, automobile manufacturing, and electronics.
It is reported that the volatile organic compounds mainly from two aspects, one is the petrochemical and other industries such as gasoline, organic solvents, paints and other VOC-containing products in the production process, and the second is the transportation (such as motor vehicle exhaust), furniture manufacturing, packaging and printing, electronics, industrial coating and other industries containing VOC raw and auxiliary materials used in the process.
The scope of the levy involves five industry categories in the emission of volatile organic compounds in the 17 industry sub-categories, including: furniture manufacturing industry, wooden furniture manufacturing, packaging and printing industry, printing books and newspapers and magazines, packaging and decorative and other printing, petrochemical industry, crude oil processing and petroleum products manufacturing, organic chemical raw materials manufacturing, paint manufacturing, ink and similar products manufacturing, primary forms of Plastics and synthetic resins manufacturing, synthetic rubber manufacturing, synthetic fiber monomer (polymer) manufacturing, warehousing, automobile manufacturing industry, automobile manufacturing, car manufacturing, modified automobile manufacturing, electronics industry, communication terminal equipment manufacturing, integrated circuit manufacturing, optoelectronic devices and other electronic devices manufacturing, printed circuit board manufacturing. Implementation of differentiated sewage charging policy: a maximum of 40 yuan per kilogram.