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深圳经济特区污染物排放许可证管理办法 Administrative Measures of the Shenzhen Special Economic Zone on Permit for Pollutant Discharge

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深圳市人民政府令第87号
(Discussed and Adopted at the One Hundred Forty-Third Executive Meeting of the Second Session of the Shenzhen Municipal People’s Government on August 5, 1999 and promulgated by Decree No. 87 of the Shenzhen Municipal People’s Government)
颁布日期:19990908  实施日期:19990908  颁布单位:深圳市人民政府

  Chapter I General Provisions

  Article 1 In order to strengthen the environmental supervision and management, prevent and control the environmental pollution, and improve the environmental quality, these measures are formulated hereby in accordance with Regulations of the Shenzhen Special Economic Zone on Environmental Protection.

  Article 2 Any production and operation discharging pollutants and affecting the environmental quality shall abide by these measures.

  Article 3 The implementation of these measures shall be organized by the administrative department of the Shenzhen Municipal People’s Government in charge of environmental protection (hereinafter referred to as “the municipal department of environmental protection”); all the district departments of environmental protection shall, in compliance with these measures, fulfill the duty of administration of permit for pollutant discharge under the direction of the municipal department of environmental protection.

  All the related departments of the municipal and district people’s governments shall be of assistance according to their functions.

  Article 4 The administration of permit for pollutant discharge shall follow the principle of combination of density control with total amount control, effectively control the sources of serious pollution.

  Chapter II Application

  Article 5 The unit (hereinafter referred to as “pollutant discharging unit”) shall hold a permit for pollutant discharge, if it produces, in its production and operation, waste water, waste gas, waste residue, industrial dust, foul odor, noise, vibration, radioactive materials:

  (1) industrial production causing serious or slight effects on the environment;

  (2) food and beverage, service, and entertainment industries;

  (3) hospitals, telecommunication engineering, broadcast and television transmitting, film-making;

  (4) urban waste water disposal plants, garbage (waste) disposal fields (plants);

  (5) other productions and operations which discharge waste and seriously affect the environmental quality.

  Article 6 In order to apply for a permit for pollutant discharge, reporting and registration of pollutant discharge, according to law, shall be done in the first place.

  If production has been started without either examination and approval or check and acceptance concerning environmental protection, complying with the procedure for the examination and approval or the check and acceptance shall be required to be completed before applying for a permit for pollutant discharge.

  Article 7 In order to apply for a permit for pollutant discharge, a report shall be filed to the department of environmental protection about the discharged pollutant’s category, amount, density, discharge place, discharge direction, way of discharge, sample at the pollutant discharge outlet, and current measuring conditions; or the category and number of noise sources and the intensity of noise; or the solid waste’s category, amount, moving direction, storage, utilization, or disposal places.

  Article 8 The following units shall apply to the municipal department of environmental protection for a permit for pollutant discharge:

  (1) the pollutant discharge units which have been given priority of environmental protection management;

  (2) the pollutant discharge units in the drinking water protection region of “Dong-Shen Water Supply”;

  (3) the pollutant discharge units in the special regions of environmental protection;

  (4) the other pollutant discharge units which seriously affect the environment.

  The pollutant discharge units not included in the above section shall apply to their

  respective location-related district departments of environmental protection for a permit for pollutant discharge.

  Chapter III Examination and Issue of Permit

  Article 9 The total amount control of discharged pollutants shall be put on the pollutant discharging units in the following areas and industries:

  (1) drinking water protection regions, natural conservation areas, and other special areas for environmental protection;

  (2) dyeing, electroplating, tanning, integrated circuit, and other industries causing serious environmental pollution;

  (3) the sources of pollutants under high-priority management of environmental protection;

  (4) the sources of water pollution discharging COD, petroleum, mercury, cadmium, chromium, arsenic, lead, cyanogen compound, etc.

  (5) the other sources of pollutants under total amount control according to the rules set by the state.

  As for the sources of pollutants not under total amount control, they shall be put under density control.

  Article 10 The department of environmental protection shall appraise and decide the density (intensity) index and the permitted total amount of pollutant discharge for an applying unit in accordance with the plan of pollutant discharge control and in the light of the scale of the applying unit’s production as well as the level of production and technology of the units in the same industry.

  The plan of pollutant discharge control shall be made by the municipal department of environmental protection in accordance with the environmental protection plan and the environmental protection targets and in the light of economic and technological conditions as well as environmental situations. The plan shall be evaluated and proved by experts, and suggestions shall be solicited from the public.

  Article 11 For the units in food and beverage, service, and entertainment which have arrangements for centralized disposal of urban waste water, the index of density control for their waste water discharge may be liberalized to a proper extent upon approval from the department of environmental protection.

  Article 12 After accepting an application for a permit for pollutant discharge, the department of environmental protection shall give a reply in 30 days, and may extend the time limit if it is indeed necessary to do so for a special situation, but no more than 30 days.

  Article 13 If the pollutant discharging unit which has already been built up and put into production does not discharge pollutants beyond the density (intensity) control index and the permitted total amount, a permit for pollutant discharge shall be issued; if the pollutant discharge exceeds the density index and the permitted total amount, a temporary permit for pollutant discharge shall be issued and a deadline shall be set for rectification.

  The unit holding a temporary permit for pollutant discharge shall complete rectification by the designated deadline, apply to the department of environmental protection for check and acceptance concerning environmental protection, if it is proved to be up to standard in the check and acceptance, a permit for pollutant discharge shall be issued; if it is not up to standard, a permit shall not be issued and the temporary permit for pollutant discharge shall automatically cease to be valid.

  Article 14 For a new construction project, the department of environmental protection shall issue a permit for pollutant discharge after it is proved to be up to standard through the procedure of check and acceptance; if it is proved to be not up to standard in the procedure of check and acceptance, a permit shall not be issued.

  Article 15 If an applying unit has different opinion on the approved density (intensity) control index, permitted total amount, location of pollutant discharge outlet, way of pollutant discharge, discharge direction, discharge time, etc., it may appeal in writing to the department of environmental protection which has made the appraisal and decision in this case, and the department of environmental protection shall reply in 15 days after receiving the appeal.

  Article 16 If the department of environmental protection has decided not to issue a permit for pollutant discharge, it shall give a written reply and reasons as well; if an applying unit has a complaint about the decision not to issue a permit, it may, according to law, apply for an administrative review or bring an administrative suit.

  Article 17 A permit for pollutant discharge or a temporary permit for pollutant discharge has both the original and a copy. The original of a permit shall make clear the contents of the following (1), (3), (5), (9); the copy of a permit shall make clear the contents of all the following items:

  (1) the name, the address, and the legal representative of permit-holding unit;

  (2) the primary production equipments and the main products, the major facilities for prevention and control of environmental pollution and their disposal capacities;

  (3) the category, the density (intensity) control index and the permitted total amount of discharged pollutants;

  (4) the location of pollution discharge outlet, the rules on the way, direction and time of pollutant discharge;

  (5) the term of validity for the permit;

  (6) the time, record of the annual permit inspection;

  (7) the other primary matters which should abide by the environmental protection law, rules;

  (8) the record of violation of law, rules;

  (9) the government office issuing the permit and the issuing date.

  Article 18 The term of validity for a permit for pollutant discharge shall be 5

  years; the term of validity for a temporary permit for pollutant discharge shall be no more than 1 year.

  Article 19 Three months before a permit for pollutant discharge expires, the permit-holding unit shall apply to the permit-issuing department of environmental protection for exchange for a new one.

  Chapter IV Supervision and Management

  Article 20 The pollutant discharging unit shall abide by the following rules:

  (1) the pollutant discharge outlet shall be regulated according to the requirements of the department of environmental protection, and a sign shall be set;

  (2) the density (intensity) and total amount of pollutant discharge shall not exceed the control index set in the permit for pollutant discharge;

  (3) the category, way, direction and time of pollutant discharge shall meet the stipulation in the permit for pollutant discharge;

  (4) monitoring and measuring shall be conducted in accordance with the rules, and the pollutant discharge shall be reported to the department of environmental protection.

  Article 21 If the main items set by a permit for pollutant discharge have changed,

  the permit-holding unit shall apply to the department of environmental protection for changing.

  Article 22 If a permit-holding unit has temporarily stopped production and pollutant discharge within the term of validity for the permit, it shall handed in the permit for pollutant discharge to the department of environmental protection; when the production is resumed and the pollutant discharge has to be done, the permit for pollutant discharge shall be returned after the department of environmental protection has evaluated the environmental protection facilities, and checked and accepted them as being up to standard.

  If a permit-holding unit has been closed down, bankrupt, or forced to stop production and operation for other reasons, the permit shall be handed in to the department of environmental protection.

  Article 23 The original of a permit for pollutant discharge or a temporary permit for pollutant discharge shall be posted in the main office or in the primary places of production and operation.

  Article 24 Both permit for pollutant discharge and temporary permit for pollutant discharge shall not be forged, altered, rented, lent, transferred, or sold.

  Article 25 The department of environmental protection shall strengthen the inspection of permit-holding units on the spot and the monitoring of pollutant discharge, the units under inspection shall report the truth and provide the related information.

  The inspection on the spot shall be conducted by two or more than two people, showing the certificate for administrative law enforcement and preserving the secrets of technology and business for the inspected.

  Article 26 The permit for pollutant discharge shall have annual inspections, a permit-holding unit shall, according to the month of issuing the permit for pollutant discharge, bring the copy of the permit to the permit-issuing department of environmental protection to apply for an annual inspection in the same month every year afterward, the department of environmental protection shall examine the main items of the permit.

  Chapter V Legal Liability

  Article 27 If pollutants have been discharged without a permit for pollutant discharge or a temporary permit for pollutant discharge, the department of environmental protection shall impose a fine of more than 20,000 but less than 100,000 RMB, and order those, which, according to law, shall be ordered to stop production or operation by the department of environmental protection, to stop production or operation.

  Article 28 If a unit holding a temporary permit for pollutant discharge has not completed the rectification for pollution by the deadline in violation of Article 13 of these measures, the department of environmental protection shall impose a fine of more than 10,000 but less than 50,000 RMB.

  Article 29 If a unit holding a permit for pollutant discharge or a temporary permit for pollutant discharge has violated Items (1), (3), (4) of Article 20 of these measures, the department of environmental protection shall order a correction and may also impose a fine of more than 5,000 but less than 20,000 RMB; if the case is serious, a fine of more than 20,000 but less than 50,000 RMB shall be imposed.

  Article 30 If a permit-holding unit has violated Item (2) of Article 20 of these measures, the department of environmental protection shall order a rectification by a deadline and also impose a fine of more than 5,000 but less than 20,000 RMB; if the rectification has not been done after the deadline, a fine of more than 20,000 but less than 50,000 RMB shall be imposed and the permit for pollutant discharge shall be revoked if this should be done by the department of environmental protection according to law.

  Article 31 If a permit-holding unit has violated Article 22 of these measures, the department of environmental protection shall order a correction and also impose a fine of more than 5,000 but less than 20,000 RMB; if the case is serious, a fine of more than 20,000 but less than 100,000 RMB shall be imposed.

  Article 32 In case of violation of Article 23 of these measures, the department of environmental protection shall order a correction by a deadline and also impose a fine of more than 1,000 but less than 5,000 RMB.

  Article 33 In case of violation of Article 24 of these measures, the permit-issuing department of environmental protection shall impose a fine of more than 5,000 but less than 20,000 RMB; if the case is serious, a fine of more than 20,000 but less than 50,000 shall be imposed.

  Article 34 If a unit holding a permit of pollutant discharge has not participated in an annual inspection in violation of Article 26 of these measures, the department of environmental protection shall impose a fine of more than 5,000 but less than 20,000 RMB; if a unit has not participated in annual inspections in two consecutive years, the permit shall cease to be valid.

  Article 35 Before making a decision on administrative punishment, the department of environmental protection shall, in compliance with Administrative Punishment Law of the People’s Republic of China and the related rules, follow the procedure of informing and defending; if a hearing should be held, the party concerned shall be informed of having the right to ask for a hearing.

  Article 36 If any staff member of supervision and management of environmental protection abuses power, neglects duties, practices favoritism and engages in irregularities, the unit this member belongs to or the responsible office at the higher level shall inflict an administrative penalty; if there is a criminal offence, the criminal responsibility shall be ascertained.

  Article 37 If the party concerned has refused to accept an administrative penalty, the first section of Article 52 of Regulations of Shenzhen Special Economic Zone on Environmental Protection shall be followed.

  Chapter VI Supplementary Provisions

  Article 38 The units which have already been built up and put into production shall apply for permits for pollutant discharge according to the time set by the municipal department of environmental protection.

  Article 39 These measures shall take effect as of the promulgating date.

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