Chapter 1 General Provisions
Article 1 In order to strengthen the supervision and management of pollution sources, control and reduce the total amount of pollutant discharge, and regulate pollutant discharge permit behavior, in accordance with the "Law of the People's Republic of China on the Prevention and Control of Air Pollution" and the "Law of the People's Republic of China on the Prevention and Control of Water Pollution" " and "Gansu Province Environmental Protection Regulations" and other laws and regulations, and combined with the actual situation of the province, these measures are formulated.
Article 2 These Measures shall apply to the issuance and management of pollution discharge permits within the administrative region of this province.
Article 3 Enterprises, institutions and self-employed individuals (hereinafter referred to as polluters) who engage in the following acts shall obtain a pollutant discharge permit:
(1) Emitting atmospheric pollutants;
(2) Discharging industrial wastewater, medical wastewater and catering wastewater;
(3) Operating centralized treatment facilities for urban and rural sewage and industrial wastewater;
(4) Operating large-scale livestock and poultry farms and breeding communities;
(5) Other behaviors that require a pollutant discharge permit.
Article 4 The environmental protection administrative departments of the people's governments at or above the county level are responsible for the supervision and management of pollution discharge permits within their respective administrative regions.
Relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, perform work related to pollution discharge permits.
Article 5 People's governments at or above the county level shall include the funds required for the management of pollution discharge permits into departmental budgets and guarantee them.
Article 6 The management of pollution discharge licenses follows the principle of combining concentration control and total volume control, and strictly controls the total volume of pollutant discharge.
Article 7 Pollutants are encouraged to adopt feasible economic, technical or management means to implement cleaner production and continuously reduce the intensity, concentration and total amount of their pollutant emissions. The reduced total amount of pollutant discharge indicators has been confirmed by the environmental protection administrative department and can be stored for its own development and use. It can also be based on the environmental quality and main pollutant total amount control targets, on the premise of ensuring the completion of the total amount control task requirements. Implement paid transfers.
Chapter 2 Application and Acceptance
Article 8 To apply for a pollutant discharge permit, the following conditions must be met:
(1) The environmental impact assessment document of the construction project has been reviewed and approved by the environmental protection administrative department;
(2) Pollution prevention and control facilities have passed the inspection and acceptance by the environmental protection administrative department;
(3) Production capacity, processes, equipment, and products comply with current national and local industrial policy requirements;
(4) Have the management system and technical capabilities to maintain the normal operation of pollution prevention and control facilities; if the facility is entrusted to operate, the operating unit shall obtain an environmental pollution control facility operation qualification certificate;
(5) Polluters who are required to install automatic monitoring instruments and equipment for pollutant emissions according to regulations have installed automatic monitoring equipment in accordance with national standards and specifications and are connected to the monitoring equipment of the environmental protection administrative department;
(6) The discharge of pollutants meets the requirements of the environmental function zone and the total amount of pollutant discharge control indicators in the region;
(7) Have emergency plans, facilities and equipment to deal with environmental emergencies;
(8) Have legal entity qualifications, business qualifications and qualifications for production and operation;
(9) Set up standardized sewage outlets;
(10) Other conditions stipulated by laws and regulations.
To apply for a pollutant discharge license, an application registration form must be filled in and a monitoring report issued by a qualified statutory environmental monitoring agency and relevant certification materials specified in the preceding paragraph shall be provided.
Article 9 New projects must apply for a temporary pollution discharge permit within thirty days before trial production. When completing the environmental protection acceptance of a construction project, apply for a pollution discharge permit in accordance with the law.
Article 10 If the environmental protection administrative department submits an application for a pollutant discharge license from a pollutant discharger and the materials are complete, comply with the legal form and fall within the scope of its duties, it shall accept the application, issue a written acceptance certificate, and conduct on-site verification of the pollutant discharge situation; if the materials are incomplete, Or if it does not comply with the statutory form, the applicant shall be notified in writing at once of all the content that needs to be supplemented and corrected. For applications that do not fall within the scope of responsibilities, a decision should be made immediately to reject the application.
Chapter 3 Review and Certification
Article 11 The pollution discharge permit control indicators shall be determined by the environmental protection administrative department in accordance with the main pollutant total quantity control indicators and pollutant concentration control indicators.
Article 12 The provincial environmental protection administrative department is responsible for issuing the following pollution discharge permits:
(1) Coal-fired power plants, including enterprise-owned power plants, coal gangue power plants and cogeneration power plants;
(2) Enterprises and sewage treatment plants that emit waste gas and waste water under key national supervision;
The municipal (state) and county (city, district) environmental protection administrative departments shall, in accordance with the division of responsibilities, issue pollution discharge permits within their respective administrative regions other than those specified in the preceding paragraph.
Article 13 The environmental protection administrative department shall make a decision on whether to issue a pollution discharge license or not in accordance with the law within 20 days from the date of accepting the application for a pollution discharge license. The pollutant dischargers who meet the conditions for issuance of licenses shall be publicized for a period of seven days. If no report is made or the report is false during the publicity period, a pollutant discharge permit shall be issued. If a decision is made not to grant the issuance, the decision shall be made in writing and the reasons shall be explained.
Article 14 The pollution discharge permit is divided into original and duplicate. The original and duplicate have the same legal effect. The original copy should state the following matters:
(1) Name, address, legal representative, business license registration number, and organization code number of the certificate holder;
(2) Types and total quantity indicators of major pollutants emitted;
(3) Validity period;
(4) Issuing authority, date of issuance and certificate number.
In addition to the matters specified in the original, the copy shall also state the following matters:
(1) The number of discharge outlets, the number, name, and location of each discharge outlet, the type, quantity, concentration, rate, method, and destination of pollutants discharged, and other special requirements for discharge;
(2) Implementation standards for pollutant discharge;
(3) If there is a total amount control task, the total amount of pollutant emission control indicators, reduction quantities and time limits should also be stated;
(4) Main processes and equipment that produce pollutants;
(5) Treatment methods of pollutants;
(6) Emissions rights trading situation;
(7) Audit records;
(8) On-site law enforcement inspection records;
(9) Other matters that should be stated.
Article 15 The validity period of a pollutant discharge permit is three years. The validity period of the temporary pollution discharge permit is the trial production period, which shall not exceed one year at most.
During the validity period of the pollutant discharge permit, the pollutant discharger shall discharge pollutants in accordance with the provisions of the permit.
Article 16 The original copy of the pollution discharge permit shall be hung in the main office place or main production and operation place.
It is prohibited to alter, forge, rent, lend, trade or otherwise transfer the pollution discharge permit without authorization.
Chapter 4 Changes and Cancellation
Article 17 Under any of the following circumstances, the pollutant discharger shall apply to the environmental protection administrative department for change procedures.
(1) If the type, concentration, total amount, discharge mode, discharge destination, operation of pollution prevention and control facilities, etc. of pollutants discharged change, an application for change shall be made within thirty days before the change occurs.
(2) If a pollutant discharger merges, splits, or changes the name, address or legal representative of a legal person, it shall apply for change within 30 days from the date of change registration.
Article 18 If a pollutant discharger needs to extend the validity period of its pollutant discharge license, it shall submit an extension application to the original license-issuing authority within 30 days before the expiration of the validity period.
The environmental protection administrative department shall review the extension application submitted by the polluter. If the extension conditions are met, the extension procedures shall be completed within 20 days after receiving the extension application; if the extension conditions are not met, the extension will not be granted and the applicant shall be notified in writing. .
Article 19 Under any of the following circumstances, the pollutant discharge permit will not be renewed after its expiration date:
(1) Production capacity, technology, equipment, and products are included in the elimination catalog, fall within the scope of compulsory elimination and have exceeded the elimination period;
(2) The land function or environmental function of the place where the polluter produces and operates has been adjusted, making it unsuitable to continue discharging pollutants in this area;
(3) Failure to complete the total quantity control target tasks on time;
(4) Other situations stipulated by laws and regulations.
Article 20 If the pollutant discharge permit is lost or damaged, the pollutant discharger shall apply to the environmental protection administrative department for a replacement within 15 days.
Chapter 5 Supervision and Management
Article 21 The environmental protection administrative department and its affiliated environmental supervision agencies shall strengthen supervision and inspection of the pollutant discharge behavior of polluters through monitoring and on-site inspections, and shall include the inspection results in a copy of the pollutant discharge permit.
Article 22 The pollutant discharger shall submit a report on the implementation of the pollutant discharge permit for the previous year before March 31 of each year in accordance with the regulations of the environmental protection administrative department. The environmental protection administrative department shall verify it within 20 days and submit the report The results are loaded into a copy of the discharge permit.
Article 23 The environmental protection administrative department shall establish and improve the management archives of pollution discharge licenses, and report the approval, issuance, cancellation, and cancellation of the pollution discharge licenses of the previous year to the higher level before May 31 of each year. Filing with the environmental protection administrative department.
Relevant departments such as environmental protection, development and reform, industrial and commercial administration, housing and urban and rural construction, quality and technical supervision, finance, urban management and administrative law enforcement should establish a law enforcement information exchange and sharing mechanism, and promptly notify relevant administrative licensing, supervision and management, administrative In case of penalties, etc., the relevant departments shall use the polluter's application for and compliance with the pollutant discharge permit as an important basis for supervision and management in accordance with the law.
Chapter 6 Legal Responsibilities
Article 24 Anyone who discharges pollutants without obtaining a pollutant discharge permit or fails to discharge pollutants in accordance with the matters stated in the pollutant discharge permit shall be ordered by the environmental protection administrative department to make corrections within a time limit and be punished in accordance with relevant laws and regulations.
Article 25 If a pollutant discharger commits any of the following acts, the environmental protection administrative department shall order him to make corrections within a time limit and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; if he fails to make corrections within the time limit, he shall be punished as if he has discharged pollutants without a pollutant discharge permit.
(1) Continuing to discharge pollutants without completing the procedures for changing or renewing the pollutant discharge license as required;
(2) Altering, renting, lending, forging or illegally transferring the pollution discharge permit.
Article 26 If the environmental protection administrative department and its staff commit any of the following circumstances, they shall be ordered to make corrections by their superior administrative agency or supervisory authority; if the circumstances are serious, administrative sanctions shall be imposed on the directly responsible person in charge and other directly responsible personnel. ;Constitute a crime, be held criminally responsible;
(1) Neglect of duty, abuse of power, and malpractice for personal gain;
(2) Issue pollution discharge permits to applicants who do not meet the application requirements;
(3) Issuing pollution discharge permits beyond legal authority;
(4) Issuing pollution discharge permits in violation of legal procedures.
Chapter 7 Supplementary Provisions
Article 27 The format of the pollution discharge license and the pollution discharge license application registration form shall be uniformly prescribed and supervised by the provincial environmental protection administrative department.
Article 28 These Measures shall come into effect on May 1, 2003.