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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 Pollu

2009-03-24 法律英语 来源:互联网 作者:

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 op

inion 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

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