Interim Measures of Shaanxi Province for the Administration of Pollutant Discharge Permits

Municipal Environmental Protection Bureau, Yangling Demonstration Zone Environmental Protection Bureau, Xixian New Area Construction Environmental Protection Bureau, Hancheng Environmental Protection Bureau, Shenmu, Fugu County Environmental Protection Bureau:

　　In order to strengthen the supervision and management of pollution sources and standardize the emission permit behavior, our department has studied and formulated the "Interim Measures for the Management of Emission Permits in Shaanxi Province", approved by the provincial government, and is now issued and implemented。

Shaanxi Provincial Department of Environmental Protection

March 31, 2015

Chapter I General provisions

　　Article 1 For the purpose of strengthening the supervision and administration of pollution sources，We will standardize emission permits，In accordance with the Environmental Protection Law of the People's Republic of China, the Air Pollution Prevention Law of the People's Republic of China, the Water Pollution Prevention Law of the People's Republic of China, the Solid Waste Pollution Prevention Law of the People's Republic of China, the Administrative Licensing Law of the People's Republic of China, the Shaanxi Provincial Air Pollution Prevention and Control Regulations and other laws and regulations，Combined with the reality of our province，Formulate these measures。

　　Article 2 The term "pollutant discharging units" as mentioned in these Measures refers to enterprises, institutions and other producers and business operators involved in discharging waste water, waste gas, solid waste and noise within the administrative areas of this province。

　　Pollutant discharge permit refers to the administrative act by which the competent department of environmental protection, on the basis of the application of the pollutant discharge unit, has examined that the pollutant discharge standard has reached the relevant provisions of the state and the province, and granted it the discharge of pollutants。The pollutant discharge permit is the only certificate for the pollutant discharge unit to obtain the pollutant discharge permit。

　　Article 3 A pollutant discharging unit must apply for a pollutant discharge permit in accordance with law and discharge pollutants in accordance with the requirements of the pollutant discharge permit.Those who have not obtained a discharge permit shall not discharge pollutants。The competent departments of environmental protection at all levels of the province shall, in accordance with these Measures, issue and supervise the administration of pollutant discharge permits。

　　Article 4 The main permitted items for pollutant discharge permits include:

　　Waste water and waste gas: types of pollutants discharged by pollutant discharging units, concentration limits, discharge rates, total control indicators, special control requirements for intermittent or seasonal discharge, discharge destination, and environmental management measures。

　　Solid waste: Name, category, attribute, quantity, comprehensive utilization method, safe treatment and disposal method and final destination of hazardous waste and general solid waste。

　　Noise: plant boundary environmental noise functional zoning and plant boundary environmental noise emission limits。

　　Article 5 The provincial competent department of environmental protection shall be responsible for the administration of discharge permits in the whole province。Responsible for approving and issuing discharge permits for power generation enterprises with a total installed capacity of 300,000kW and above, hazardous waste disposal and operation units, units that produce more than 10 tons of hazardous waste annually, and municipal (district) sewage treatment plants。

　　The discharge permits of other pollutant discharge units shall be issued by the municipal (district) environmental protection competent departments in accordance with the administrative authority and reported to the provincial environmental protection competent departments for the record。

　　Article 6 People's governments at or above the county level shall decompose and implement the total pollutant control targets to the discharge units under their jurisdiction。The targets for controlling the total amount of pollutants of pollutant discharge units shall be confirmed in the form of discharge permits。

Chapter II Application for approval and alteration of cancellation

　　Article 7 Before discharging pollutants, pollutant discharging units shall, in accordance with the provisions of these Measures, submit application materials for pollutant discharge permits to competent environmental protection departments with jurisdiction to apply for pollutant discharge permits。

　　Article 8 Pollutant discharge permits are divided into Emission Permits and temporary emission Permits。Apply for Temporary Pollutant Discharge Permit before Trial production of Construction Project。

　　The following conditions shall be met in applying for a pollutant discharge permit:

　　(1) The discharge of pollutants complies with the national and local discharge standards;

　　(2) The environmental impact assessment document has been approved by the competent department of environmental protection;

　　(3) Solid waste shall be registered by the competent department of environmental protection;

　　(4) having emergency plans for pollution accidents and facilities and materials needed for emergency treatment;

　　(5) Other conditions stipulated by laws and regulations。

　　Article 9 In applying for a pollutant discharge permit, a pollutant discharging unit shall fill in the application form for a pollutant discharge permit and submit the following materials:

　　(1) the business license and organization code certificate of the pollutant discharge unit;

　　(2) construction project environmental impact assessment approval documents;

　　(3) approval report on pollutant discharge;

　　(4) solid waste filing documents;

　　(5) The total quantity index data obtained for construction projects;

　　(6) having emergency plans for pollution accidents and facilities and materials needed for emergency treatment;

　　(7) Other materials provided by laws and regulations。

　　To apply for a temporary pollutant discharge permit before trial production of a construction project, materials other than those specified in paragraph (3) and (4) of the preceding paragraph shall be submitted, as well as a self-inspection report on the approval of the environmental impact assessment documents of the construction project。

　　Article 10 The competent department of environmental protection shall, within 30 days from the date of accepting the application for a pollutant discharge permit, review the certification materials submitted by the applying unit and publicize them。If the conditions are met, a pollutant discharge permit shall be issued;If the applicant does not meet the requirements, he shall notify the applicant in writing and explain the reasons。

　　Article 11 A pollutant discharge permit shall include an original and a duplicate, and the original and duplicate shall have the same legal effect。The original of the pollutant discharge permit shall specify the following matters:

　　(1) Name of pollutant discharging unit, industry category, address of production and business site, legal representative (principal person in charge);

　　(2) The types and concentration limits of pollutants discharged from waste water and waste gas, the destination of discharge and the total limits of major pollutants;Names, categories, attributes and quantities of hazardous wastes and general solid wastes;Boundary environmental noise functional zoning and boundary environmental noise emission limits。

　　(3) Validity period, issuing authority, issuing date and certificate number。

　　In addition to the above-mentioned provisions, the copy of the pollutant discharge permit shall also include the following:

　　(1) The manner and time of pollutant discharge;

　　(2) Location, quantity and mark of discharge of sewage outlets;

　　(3) the main processes and equipment that produce pollutants;

　　(4) pollutant treatment process;

　　(5) Implementation standards for pollutant discharge;

　　(6) Where there is a task to control the total discharge of pollutants, the targets for controlling the total discharge of pollutants, the amount of reduction and the time limit shall be specified;

　　(7) Methods and quantities of comprehensive utilization of hazardous waste and general solid waste, methods and quantities of safe treatment and disposal;

　　(8) approval documents for the total amount of construction projects;

　　(9) Other relevant requirements of environmental protection laws, regulations and policies that should be implemented。

　　Article 12 The valid period of a pollutant discharge permit shall be five years, and the expiration date of the valid period shall generally coincide with the national and local planning period for the total control of key pollutants。If it is necessary to continue to discharge pollutants upon the expiration of the term of validity, it shall renew or apply for a new discharge permit in accordance with the provisions of these Measures 90 days before the expiration of the term of validity。A temporary pollutant discharge permit shall not be valid for more than one year。

　　Article 13 If a pollutant discharging unit has any of the following changes, it shall, within 15 working days from the date of the changes, apply to the competent environmental protection department that originally issued the pollutant discharge permit for alteration or re-application:

　　(1) The pollutant discharging unit that changes the matters specified in the second paragraph of Article 11 of these measures shall go through the formalities for changing the pollutant discharge permit;

　　(2) The pollutant discharging units that have changed the matters stipulated in item 1 to Item 7 of paragraph 3 of Article 11 of these Measures, as well as the pollutant discharging units that carry out expansion and reconstruction, shall apply for a new pollutant discharge permit。

　　The competent department of environmental protection that originally issued the certificate shall complete the examination within 15 working days from the date of receipt of the application, and handle the alteration or re-application formalities if the conditions are met。

　　Article 14 Where a pollutant discharging unit needs to renew the term of validity of its pollutant discharge permit, it shall, within 90 days prior to the expiration of the term of validity, file an application for renewal with the competent department of environmental protection that originally issued the license, and submit the following certification materials:

　　(1) The environmental monitoring report of the current year or the previous year issued by a qualified environmental monitoring agency;

　　(2) Where automatic monitoring facilities for pollution sources are installed as required, relevant acceptance materials shall be provided。

　　Article 15 Where the discharge permit is lost or damaged, the discharge unit shall, within three working days, report to the competent department of environmental protection that issued the permit, and apply to the competent department of environmental protection that issued the permit for a replacement within 15 working days。

　　Article 16 Under any of the following circumstances, the competent environmental protection department that issued the discharge permit shall cancel the discharge permit:

　　(1) the pollutant discharge permit has expired and is not renewed;

　　(2) The discharge permit has been revoked, withdrawn or revoked according to law due to violation of the provisions on discharge permits;

　　(3) Other circumstances provided for by laws and regulations。

Chapter III Supervision and management

　　Article 17 A pollutant discharge unit holding a pollutant discharge permit shall hang the original of the pollutant discharge permit in an eye-catching position in its office or production or business premises。

　　Article 18 Within the validity period of the pollutant discharge permit, the pollutant discharging unit shall perform the following responsibilities:

　　(1) Comply with the provisions of discharge permits for pollutant types, concentrations, total amounts, and discharge locations, methods, and destinations, and may not set up hidden pipes or circumvent supervision by other means;

　　(2) Regular verification and calibration of automatic monitoring facilities for pollution sources;

　　(3) establish an account of pollutant discharge, pollution control, treatment and disposal, and record the implementation of pollutant discharge permits;

　　(4) Other obligations stipulated by laws and regulations。

　　Article 19 The competent environmental protection department that issues the discharge permit shall, through automatic monitoring system, on-site inspection, written verification and other means, strengthen the supervision and inspection of the implementation of the discharge permit by the discharge unit, record the supervision and inspection and treatment, and establish the discharge permit management files。When problems are found, written rectification opinions shall be issued to the pollutant discharging unit in a timely manner。

　　Pollutant discharge units shall cooperate with the supervision and inspection of the competent departments of environmental protection, truthfully provide relevant materials, and implement rectification requirements。

　　The public, the news media and other organizations are encouraged to supervise the discharge of pollutants by pollutant discharging units, and those who find violations of the provisions of these Measures have the right to report to the competent environmental protection authorities, which shall investigate and deal with the report according to law and give feedback on the investigation results according to the relevant provisions。

　　Article 20 The competent department of environmental protection shall, at the end of the first quarter of each year, report to the people's government at the corresponding level and the competent department of environmental protection at the next higher level the status of the issuance, supervision and administration of the discharge permits for the previous year in its administrative area。

　　Article 21 The Provincial Department of Environmental Protection shall be responsible for the construction, management and maintenance of the pollutant discharge permit management information platform。The municipal, county (city, district) environmental protection departments shall handle the issuance, alteration, revocation, revocation, cancellation, etc., of emission permits within their respective administrative areas through the platform。

　　Article 22 The municipal, county (city, district) environmental protection departments shall, in accordance with the provisions on the disclosure of government information, timely publish to the public the relevant information on the issue of emission permits and supervision and management。

　　Pollutant-discharging units shall promptly and truthfully disclose environmental information such as the operation of pollution control facilities and the discharge of pollutants。

　　Article 23 The superior environmental protection authorities shall strengthen the operational guidance, supervision and inspection of the administration of pollutant discharge permits by the competent environmental protection authorities at the lower levels。

Chapter IV Legal liability

　　Article 24 In violation of the provisions of these measures, do not obtain a discharge permit pollutant discharge units, by the environmental protection authorities at or above the county level ordered to stop the discharge of pollutants, refuse to correct in accordance with the relevant laws and regulations for punishment, and investigate the relevant responsible personnel legal responsibility。

Whoever discharges pollutants with a forged, invalid or cancelled pollutant discharge permit shall be dealt with in accordance with the provisions for not obtaining a pollutant discharge permit。

　　Article 25 Where a pollutant discharging unit fails to discharge the pollutants in accordance with the concentration or total amount of discharge prescribed in the pollutant discharge permit, the competent environmental protection department at or above the county level shall order it to make corrections within a time limit and impose penalties in accordance with relevant laws and regulations。If the circumstances are serious, the pollutant discharge permit shall be revoked。If a crime is suspected, the case shall be transferred to a judicial organ。

　　Article 26 Where a pollutant discharging unit commits any of the following acts, the competent department of environmental protection shall order it to make corrections within a time limit and impose penalties in accordance with relevant laws and regulations:

　　(1) A pollutant discharge unit alters, rents, lends or illegally obtains a pollutant discharge permit;

　　(2) The pollutant discharging unit fails to go through the procedures for changing the pollutant discharge permit in accordance with the provisions of these Measures。

　　Article 27 Any staff member of the competent department for environmental protection who commits any of the following acts shall be given sanctions;Where a crime is suspected, it shall be transferred to a judicial organ for legal responsibility:

　　(1) issuing pollutant discharge permits to units that do not meet the conditions prescribed in these Measures;

　　(2) failing to investigate and deal with unauthorized discharge by a unit that has not obtained a discharge permit according to law, or failing to deal with such discharge according to law after receiving a report;

　　(3) failing to perform the duties of supervision and administration of units that have obtained pollutant discharge permits according to law, or failing to investigate and punish acts that have violated the provisions of these Measures;

　　(4) other acts of favoritism, abuse of power or dereliction of duty。

附　则

　　Article 28 The original and copy of the pollutant discharge permit and the format of the relevant application documents shall be uniformly coded and supervised by the provincial environmental protection competent department。

　　第二十九条  本办法自印发之日起施行，2012年6月13日发布的《Shaanxi Provincial Department of Environmental Protection关于印发<陕西省污染物排放量与污染物排放许可管理办法>的通知》（陕环发〔2012〕58号）同时废止。