(a) industrial emissions or emissions of toxic and hazardous air pollutants specified by the state enterprises and institutions.
(b) centralized heat supply facilities of coal-fired heat production and operation units.
(c) Enterprises and institutions that directly or indirectly discharge industrial wastewater and medical sewage into water bodies.
(d) Operating units of centralized urban or industrial wastewater treatment facilities.
(v) other sewage disposal units that should be subject to sewage permit management in accordance with the law.
Sewage discharge permit, refers to the competent environmental protection department according to the application and commitment of the sewage unit, through the issuance of sewage discharge permits in the form of legal instruments, in accordance with the laws and regulations to regulate and restrict the sewage discharge unit sewage discharge behavior and clear environmental management requirements, based on the sewage discharge permit on the sewage discharge unit to implement supervision and enforcement of the environmental management system.
The State Council Interim Provisions on the Management of Discharge Permits:
Chapter I General Provisions
Article 1 In order to regulate the management of discharge permits, according to the "Chinese People's *** and State Environmental Protection Law" "Chinese People's *** and State Water Pollution Prevention Law" "Chinese People's *** and State Air Pollution Prevention and Control Law" "Chinese People's *** and State Administrative Permit Law" and other laws and regulations. Notice of the General Office of the State Council on the Issuance of the Implementation Plan for the Pollutant Emission Control Permit System (Guo Ban Fa [2016] No. 81), to formulate these provisions.
Second Article The application, issuance, implementation and supervision of emission permits shall be governed by these provisions.
Article 3 The sewage disposal units referred to in these provisions specifically refer to the enterprises, institutions and other producers and operators that are included in the classification and management list of sewage disposal permits.
Article IV of the following sewage discharge units shall implement the management of sewage licenses:
(a) the emission of industrial waste gas or emission of toxic and hazardous air pollutants in the state business institutions.
(2) centralized heat supply facilities of coal-fired heat production and operation units.
(c) Enterprises and institutions that directly or indirectly discharge industrial wastewater and medical sewage into water bodies.
(d) Operating units of centralized urban or industrial wastewater treatment facilities.
(v) other sewage disposal units that should be subject to sewage permit management in accordance with the law.
The Ministry of Environmental Protection by industry to develop and publish a list of classification and management of sewage discharge permits, step by step in batches to promote the management of sewage discharge permits. Sewage disposal units should be licensed within the time limit specified in the list of sewage disposal, and prohibit the discharge of sewage without a license or not in accordance with the license.
Article 5 of the Ministry of Environmental Protection according to the amount of pollutants, emissions and the degree of environmental hazards, in the classification of sewage permits management directory provides for different industries or the same industry, different types of sewage units to implement differentiated management of sewage permits. For pollutant generation and emissions of small, less environmentally hazardous sewage units to implement the sewage permit simplified management, simplified management of the contents of the application materials, information disclosure, self-monitoring, ledger records, the implementation of the specific requirements of the report.
Article VI of the discharge of water pollutants, air pollutants, sewage discharge units of various types of sewage behavior to implement integrated permit management. Sewage disposal unit to apply for and receive a sewage discharge permit, the same legal entity or other organization owned, located in different locations of the sewage disposal unit, shall apply for and receive a sewage discharge permit; different legal entities or other organizations owned by the sewage disposal unit, shall apply for and receive a sewage discharge permit.
Article 7 The Ministry of Environmental Protection shall be responsible for the unified supervision and management of the national sewage discharge permit system, formulate relevant policies, standards and norms, and guide the local implementation of the sewage discharge permit system.
Provinces, autonomous regions and municipalities directly under the Central Environmental Protection Department is responsible for the organization, implementation and supervision of the sewage discharge permit system in the administrative region. County-level environmental protection department is responsible for the implementation of simplified management of sewage discharge permit issuance, the rest of the sewage discharge permit in principle by the local (municipal) level environmental protection department is responsible for the issuance of permits. Local laws and regulations provide otherwise.
In accordance with the relevant provisions of the state, the county-level environmental protection department was adjusted to the municipal environmental protection department sent a branch of the municipal environmental protection department, the municipal environmental protection department to organize its own sent a branch of the implementation of sewage permit issuance and management.
Article 8 The Ministry of Environmental Protection shall be responsible for the construction, operation, maintenance and management of the national information platform for the management of sewage discharge permits, and the existing information platforms for the management of sewage discharge permits around the country shall realize the gradual access to data. The Ministry of Environmental Protection, on the basis of the unified social credit code, through the national sewage discharge permit management information platform for the implementation of a unified code for the national sewage discharge permit. The application, acceptance, review, issuance, change, continuation, cancellation, revocation and replacement of lost sewage discharge permits shall be carried out on the national sewage discharge permit management information platform. The implementation of sewage licenses, regulatory enforcement, social supervision and other information should be recorded on the national sewage license management information platform.
Chapter II sewage discharge permit content
Article 9 of the sewage discharge permit consists of the original and a copy of the original contains the basic information, a copy of the basic information, licensing matters, management requirements and other information.
Article 10 of the following licensing matters shall be set forth in the copy of the sewage license:
(a) the location and number of outfalls, discharge methods, discharge destination.
(B) the type of pollutants discharged, the permitted emission concentration, permitted emissions.
(C) other licensing matters provided by laws and regulations.
Simplified management of emissions permits for the implementation of sewage disposal units, the permit may include only (a) and (b) in the type of pollutants discharged, the permitted emission concentration.
The issuing authority shall reasonably determine the type, concentration and amount of pollutants to be discharged in accordance with the law, based on the pollutant discharge standards, total control targets, and the requirements of the environmental impact assessment documents and approvals.
The environmental protection authorities shall take the relevant requirements of the environmental impact assessment documents and approvals as an important basis for the licensing of the above content for the emission units of the new reconstruction and expansion projects.
The emissions unit undertakes to implement more stringent emission concentrations and emissions and enjoy national or local preferential policies for this purpose, the more stringent emission concentrations and emissions shall be set out in the copy.
Local people's governments to formulate environmental quality plans to meet the deadline, heavily polluted weather response measures, the emissions of pollutants from the sewage disposal unit has special requirements, shall be set out in the copy of the sewage discharge permit.
Article XI of the following environmental management requirements shall be set out in the copy of the sewage permit:
(a) the operation and maintenance of pollution prevention and control facilities, control of unorganized emissions and other environmental protection measures required.
(B) self-monitoring program, ledger records, implementation reports and other requirements.
(C) emissions unit self-monitoring, implementation reports and other information disclosure requirements.
(D) other matters provided by laws and regulations.
Simplified management of the implementation of sewage licenses can be appropriately simplified.
Article XII of the original and copies of the sewage discharge permit shall contain the name of the sewage disposal unit, registered address, legal representative or person in charge of the actual production and operation of the address of the premises, industry categories, organization code, unified social credit code and other basic information on the sewage disposal unit, as well as sewage discharge permit validity, issuance of the authority, date of issuance of the certificate, the certificate number and two-dimensional code and other information.
The copy of the sewage license should also contain the main production units, the main products and production capacity, the main raw and auxiliary materials, production and discharge links, pollution prevention and control facilities, the use of sewage rights and trading and other information. Simplified management of the implementation of sewage licenses can be appropriately simplified.
Districts can be based on management needs in the copy of the sewage license contains other information.
Chapter III Application and Issuance
Article 13 The competent department of environmental protection at the provincial level may, in accordance with the requirements of the Ministry of Environmental Protection to determine the specific time limit for the application of the administrative region, the certification authority, the application procedures and other related matters, and to the public announcement.
Article 14 The existing sewage disposal units shall apply for a sewage disposal license to the issuing authority with the authority to issue sewage disposal licenses within the prescribed time limit.
New projects shall be put into production or use of sewage disposal units and produce the actual discharge behavior before applying for a sewage discharge permit.
Article XV of the Ministry of Environmental Protection to develop the application and issuance of sewage discharge permit technical specifications, sewage disposal units in accordance with the application and issuance of sewage discharge permit technical specifications for submitting applications for sewage discharge permits, declaration of the type of pollutants discharged, the concentration of emissions, etc., measured and declared pollutant emissions.
Article XVI of the sewage unit in the application for a sewage discharge permit shall be the main application content, including the basic information of the sewage unit, to apply for a permit, production and discharge links, pollution prevention and control facilities, through the national sewage permit management information platform or other means to facilitate the public way of public awareness to the community. The public time shall not be less than 5 days. Simplified management of sewage discharge permits for the implementation of sewage disposal units, may not apply for pre-application information disclosure.
Article XVII of the sewage unit shall fill in the national sewage permit management information platform and submit an application for a sewage permit, and at the same time to the environmental protection department with the authority to issue the written application materials printed through the platform. Sewage disposal units on the authenticity of the application materials, legality and completeness of legal responsibility. Application materials should include:
(a) sewage license application form, the main contents include: basic information on the sewage unit, the main production units, exhaust gas, wastewater and other production and discharge links and pollution prevention and control facilities, apply for the location of the outfall and the number of discharge, discharge, discharge, discharge, discharge of pollutants, emission concentration and emissions, implementation of the emission standards. See the annex for the format of the sewage license application form.
(b) a legal representative of the sewage unit or the actual person in charge of the signature or seal of the commitment. The main commitments include: the authenticity of the application materials, legality, completeness of legal responsibility; according to the requirements of the discharge permit to control the discharge of pollutants; in accordance with the relevant standards and norms to carry out self-monitoring, accounts and records; submit the implementation of the report in a timely manner and timely disclosure of relevant information, etc..
(C) the sewage unit in accordance with the relevant requirements for outfalls and monitoring holes in accordance with the standardized setup of the situation.
(d) the environmental impact assessment of construction projects approval number, or in accordance with the "General Office of the State Council on Strengthening Environmental Supervision and Law Enforcement Notice" (State Council [2014] No. 56) requirements by the local government in accordance with the law, rectify the standardization and meet the requirements of the relevant certifying materials.
(E) centralized urban sewage treatment facilities should also provide the scope of pollution, the list of pollutants, pipe network arrangement, the final discharge destination and other materials.
(F) other materials provided by laws and regulations.
Simplified management of sewage discharge permit for the implementation of sewage disposal units, the above materials can be appropriately simplified.
Article XVIII of the certification authority receives the application materials submitted by the sewage unit, the completeness of the materials, standardization of the review, in accordance with the following circumstances, respectively, to deal with:
(a) according to the provisions of this does not need to obtain a sewage discharge permit, the sewage disposal unit should be informed instantly do not need to handle.
(B) does not fall within the purview of the administrative organ, shall immediately make a decision of inadmissibility, and inform the sewage unit has the authority to issue the authority.
(C) application materials are incomplete, should be issued on the spot or within five days of a one-time notification sheet, informing the sewage unit needs to be supplemented with all the materials. Late notification, from the date of receipt of the application materials shall be accepted.
(D) application materials do not meet the requirements, should be issued on the spot or within five days of a one-time notification sheet, informing the sewage unit needs to be corrected in full. Can be corrected on the spot, the sewage unit should be allowed to correct on the spot. Late notification, from the date of receipt of the application materials shall be accepted.
(E) belongs to the terms of reference of the administrative organ, the application materials are complete, in line with the regulations, or sewage units required to submit all corrective application materials, shall be accepted.
The issuing authority shall make the decision to accept or reject the application for sewage licenses on the national sewage license management information platform, and at the same time to issue to the sewage unit stamped with the special seal of the administrative organ and the date of acceptance or inadmissibility of the notice of the single.
Article 19 The issuing authority according to the sewage unit application materials and commitment to meet the following conditions of the sewage unit issued sewage licenses, the application materials in doubt, on-site verification can be carried out.
(a) does not belong to the state or local government expressly provided to be eliminated or banned.
(ii) is not located in the drinking water source protection zone and other laws and regulations clearly prohibit the construction of the area.
(C) have pollution prevention and control facilities or pollutant treatment capacity in line with national or local requirements.
(d) The concentration of emissions applied for is in line with the relevant national or local standards and requirements, and the emissions are in line with the requirements of the technical specifications for the application and issuance of sewage licenses.
(E) the application form to fill in the self-monitoring program, the implementation of the report on the frequency of reporting, information disclosure program in line with the requirements of the relevant technical specifications.
(F) for the new reconstruction and expansion projects of the sewage unit, should also meet the environmental impact assessment documents and their approval of the relevant requirements, if the total amount of pollutant emissions through equal or reduced alternative reduction to reduce the total number of indicators, should also be reviewed by the alternative reduction of sewage units sewage license changes.
(vii) Outfalls are set up in accordance with national or local requirements.
(viii) Other requirements stipulated by laws and regulations.
Certification authority based on the results of the audit, within twenty days from the date of acceptance of the application to make a decision on whether to grant a permit. Twenty days can not make a decision, approved by the person in charge of this administrative organ, can be extended for ten days, and will inform the sewage disposal unit of the reasons for the extension of the deadline. Where hearing, inspection, testing and expert evaluation are required by law, the time required shall not be counted as part of the period specified herein. The administrative organ shall inform the applicant in writing of the time required.
Certification authorities to make the decision to grant the permit, shall submit to the national sewage permit management information platform for the audit results of the material and apply for access to the national unified sewage license code.
The issuing authority shall, within ten days from the decision to grant permission, issue to the sewage disposal unit stamped with the seal of the administrative organ, and announced on the national sewage discharge permit management information platform; decision not to grant permission, the issuing authority shall issue a written decision not to grant permission, and notify the sewage disposal unit in writing of the reasons for not granting permission as well as enjoy the right to apply for administrative reconsideration or administrative litigation, and the right to apply for administrative reconsideration or administrative litigation in the national sewage discharge permit management information platform. The right to apply for administrative reconsideration or administrative litigation, and in the national sewage license management information platform for publication.
Article 20 in the validity of the sewage license, the following changes in the following matters, the sewage disposal unit shall, within the prescribed time to the original issuing authority to apply for a change in the sewage license.
(a) within twenty days from the date of change of the basic information contained in the original copy of the name, registered address, legal representative or person actually in charge of the sewage disposal unit.
(2) Twenty days before the date of the change of licensing matters in Article 10.
(C) emissions unit in the original site to implement new and expanded projects should be carried out in the environmental impact assessment, in the environmental impact assessment through the approval or filing, within twenty days before the actual emissions behavior.
(d) national or local implementation of new pollutant discharge standards, the certifying authority shall take the initiative to notify the sewage disposal unit to change, the sewage disposal unit within twenty days after receiving the notice to apply for changes.
(e) relevant government documents or agreements with other enterprises to carry out regional substitution to achieve emission reductions, shall apply for changes within the time limit specified in the documents or agreements.
(F) other circumstances that require changes.
Article 21 The application for changes in emissions permits shall be submitted to the following application materials:
(1) emissions permit application form.
(2) emissions license original, a copy of the copy.
(C) other materials related to the change of sewage license matters.
Sewage units should be a written commitment to change the authenticity of the application materials, legality, completeness of legal responsibility and strict implementation of the provisions of the changed sewage license.
Article 22 The issuing authority shall review the application materials for change. Agree to change, in the copy of the changes contained in the content and stamped with the seal of this administrative organ, the date of issuance and validity of the original certificate.
The first change in Article 20, the issuing authority shall accept the application for change within ten days from the date of decision to change, and issue the original sewage license. Other changes occur, the issuing authority shall accept the application for change within twenty days from the date of change to make a decision to change the license.
Article 23 of the expiration of the sewage discharge permits need to continue to discharge pollutants, sewage disposal units shall be valid for thirty days before the expiration of the original issuing authority to apply for renewal.
Article 24 The application for renewal of the sewage discharge permit shall be submitted to the following materials:
(a) the sewage discharge permit application form.
(2) emissions license original, copy of the copy.
(C) other materials related to the continuation of sewage license matters.
Article 25 The issuing authority shall continue to review the application materials. Agree to continue, shall be accepted within twenty days from the date of application for continuation of the continuation of the decision to extend the permit to the sewage unit issued with the seal of the administrative organ of the sewage license, and in the national sewage license management information platform for publicity, and at the same time to recover the original sewage license original, copy.
Article 26 of the following circumstances, the sewage permit issuing authority or its higher authorities, may revoke the decision on the sewage permit and timely announcement on the national sewage permit management information platform.
(A) beyond the statutory authority to issue emission permits.
(B) violation of the statutory procedures for the issuance of sewage licenses.
(C) the issuing authority staff abuse of power, dereliction of duty in the issuance of sewage licenses.
(D) the applicant who does not have the qualifications to apply or does not meet the statutory conditions for the granting of administrative licenses.
(E) sewage disposal units by deception, bribery and other improper means to obtain sewage licenses.
(F) according to law can revoke the decision of the sewage license of other circumstances.
Article 27 of the following circumstances, the issuing authority shall deal with the cancellation of sewage licenses in accordance with the law and timely in the national sewage license management information platform for publicity.
(A) the expiration of the validity of the sewage discharge license, not renewed.
(B) the sewage unit is terminated according to law no longer discharge pollutants.
(C) the law shall be canceled in other cases.
Article 28 of the sewage discharge permit is lost, destroyed, the sewage disposal unit shall, within thirty days to the original issuing authority to apply for a replacement sewage discharge permit, lost sewage discharge permit should be submitted at the same time the statement of loss, destruction of sewage discharge permits should be returned at the same time as the destroyed permit. The issuing authority shall receive a replacement application within ten days after the replacement of sewage licenses, and in a timely manner in the national sewage license management information platform for publicity.
Article 29 of the sewage disposal license effective from the date of issuance. According to the provisions of the first issuance of sewage disposal license is valid for three years, the renewal of sewage disposal license is valid for five years.
Article 30 prohibit alteration and forgery of sewage discharge permits. Prohibit the rental, lending, trading or other means of transfer of sewage licenses. Sewage disposal units shall be in the production and operation of convenient public supervision location to hang the original sewage discharge permit.
Article 31 The competent authorities in charge of environmental protection shall not charge fees for the implementation of sewage discharge permits.
Chapter IV Implementation and Supervision
Article 32 The sewage disposal unit shall strictly implement the provisions of the sewage disposal permit, and comply with the following requirements:
(1) The location and number of outfalls, discharge methods, discharge direction, types of pollutants discharged, discharge concentration and discharge, and implementation of the emission standards in accordance with the provisions of the sewage disposal permit, and shall not privately set up a concealed pipeline or other means to avoid supervision. No concealed piping or other means of evading supervision.
(ii) Implementing emergency control measures for heavy polluted weather and complying with the latest environmental protection requirements stipulated by law.
(3) Carry out self-monitoring and make public the monitoring points, monitoring factors, monitoring frequency and relevant monitoring technical specifications as stipulated in the emission license.
(d) The main contents of the account records in accordance with the specifications include production information, fuel, raw and auxiliary materials used, pollution prevention and control facilities operation records, monitoring data and so on.
(E) according to the provisions of the discharge permit, regularly fill in the national discharge permit management information platform, prepare discharge permit implementation report, timely submission to the competent environmental protection department with the right to issue and public, the main contents of the implementation report include production information, pollution prevention and control facilities operation, discharge of pollutants in accordance with the permit, etc..
(F) other obligations under laws and regulations.
Article 33 The competent authorities in charge of environmental protection shall supervise and enforce the discharge of pollutants from sewage disposal units on the basis of the discharge permit, check the implementation of permitted matters, audit the records of the accounts of the sewage disposal units and the permit implementation report, and check the operation of pollution prevention and control facilities, self-monitoring, public disclosure of information, and other requirements for the implementation of the management of the sewage discharge permit.
The proportion of random inspections shall be increased for sewage disposal units with many complaints and reports, and those with records of serious violations of laws and regulations; the frequency of inspections may be reduced for sewage disposal units with simplified management of sewage disposal permits, and those with high environmental integrity, and no records of violations of laws and regulations.
The supervision and inspection situation shall be announced on the national sewage permit management information platform, and any violation of the sewage permit found during the inspection shall be recorded in the enterprise credit information disclosure system.
The competent authority for environmental protection may, by way of government-purchased services, commission a third-party organization to audit the ledger records and implementation reports of the sewage disposal units, and provide audit opinions as the basis for supervision and inspection by the competent authority for environmental protection.
Article 34 The higher-level competent department of environmental protection may adopt random sampling to supervise, inspect and guide the issuance of sewage discharge permits of the lower-level environmental protection administration with the authority to issue such permits.
For sewage discharge permits issued in violation of the regulations, the higher-level competent department of environmental protection may revoke the permit in accordance with these regulations and order rectification; for the issuance of sewage discharge permits by the lower-level competent department of environmental protection in violation of the regulations, where the circumstances are particularly serious, the higher-level competent department of environmental protection shall revoke the sewage discharge permits issued in violation of the regulations and order rectification, and shall, in accordance with the law, directly responsible for the competent persons in charge of issuing and issuing the permits, as well as the other persons directly responsible, be Give administrative sanctions.
Article 35 encourages the public and the news media to supervise the sewage disposal behavior of sewage disposal units. Sewage disposal units shall disclose information in a timely manner, open channels of communication with the public, and consciously accept public supervision. Citizens, legal persons and other organizations found violations of this provision, the right to report to the competent environmental protection department. Acceptance of the report of the competent environmental protection department shall investigate and deal with the relevant provisions of the investigation results shall be feedback, as well as for the confidentiality of the informant.
Article 36 In addition to state secrets or commercial secrets, sewage disposal units shall be in accordance with the provisions of Article 11 (c), in a timely manner in the national sewage permit management information platform to disclose relevant information; environmental protection departments shall be in the national sewage permit management information platform to disclose sewage permits supervision and management and law enforcement information.
The national sewage permit management information platform shall publish the sewage permit management service guide and related supporting documents. Management service guide shall set out the sewage license process, time limit, the required application materials, acceptance, audit requirements.
Chapter V Supplementary Provisions
Article 37 In the implementation of the provisions of the local regulations before the issuance of sewage licenses are still valid. The original issuing authority shall fill in the data on the national sewage license management information platform to obtain the sewage license code.
For other sewage permits that are still valid, the licensed sewage unit shall apply for the issuance of sewage permits to the authorities with the authority to issue such permits in accordance with the Notice of the General Office of the State Council on the Issuance of the Implementation Plan for the Permit System for the Control of Pollutant Discharges (Guo Ban Fa [2016] No. 81) and the present provisions.