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

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 annu

al 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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