建设项目环境保护管理条例 Regulations on the Administration of Construction Project Environmental Protection

construction project environmental impact report, environmental impact statement or environmental impact registration form, notify the construction unit in writing of the views on examination and verification; failure to notify on expiry shall be construed as approval upon examination and verification.

　　Article 13 The state practises the qualification examination system of units engaging in the work of construction project environmental impact evaluation.

　　Units engaging in the work of construction project environmental impact evaluation must obtain a qualification certificate issued by the competent department of environmental protection administration under the State Council, engage in the work of construction project environmental impact evaluation pursuant to the grade and scope prescribed in the qualification certificate, and be responsible for the evaluation conclusions. The competent department of environmental protection administration under the State Council should publish at regular intervals the list of units engaging in the work of construction project environmental impact evaluation which have already been issued qualification certificates. Specific measures shall be worked out by the competent department of environmental protection administration under the State Council.

　　Units engaging in the work of construction project environmental impact evaluation must strictly comply with the rates for the collection of charges prescribed by the state.

　　Article 14 Construction units may adopt the form of open tender to select the units engaging in the work of environmental impact evaluation for environmental impact evaluation of the construction projects.

　　No administrative organ shall appoint units engaging in the work of environmental impact evaluation for construction units for environmental impact evaluation.

　　Article 15 Construction units should, in compiling the environmental impact reports, solicit the views of the units and residents concerned of the locality wherein the construction project is located pursuant to relevant provisions of law.

　　C

hapter III Construction of Environmental Protection Facilities

　　Article 16 Simultaneous design, simultaneous construction and simultaneous going into operation with the main body project must be realized for matching environmental protection facilities construction which is required for the construction project.

　　Article 17 The preliminary design of a construction project should, pursuant to the requirements of environmental protection design standards, contain compilation of a chapter on environmental protection, and ascertain measures for the prevention and treatment of environmental pollution and ecological damage as well as budgetary estimate for investment in the chapter on environmental protection on the basis of the approved construction project environmental impact report or environmental impact statement.

　　Article 18 Where trial production is required upon completion of the main body project of a construction project, its matching environmental protection facilities built must go into simultaneous trial run with the main body project.

　　Article 19 The construction unit should, during the trial production of a construction project, monitor the operations of the environmental protection facilities and the environmental impact of the construction project.

　　Article 20 The construction unit should, upon completion of a construction project, file an application with the competent department of environmental protection administration that examined and approved the said construction project environmental impact report, environmental impact statement or environmental impact registration form for acceptance checks on completion of matching construction of environmental protection facilities required for the said construction project.

　　Acceptance checks for completion of construction of environmental protection facilities should be conducted simultaneously with the acceptance checks for completion of construction of the main body project. Where trial production is required for the construction project, the construction unit should, within 3 months starting from the date of the said construction project going into trial production, file an application with the competent department of environmental protection administration that examined and approved the said construction project environmental impact report, environmental impact statement or environmental impact registration form for acceptance checks on completion of matching construction of environmental protection facilities required for the said construction project.

　　Article 21 For construction projects that are built in phases, go into production or are delivered for use in phases, acceptance checks for their corresponding environmental protection facilities should be conducted in phases.

　　Article 22 Competent departments of environmental protection administration should, within 30 days starting from the date of receipt of the application for acceptance checks on completion of construction of the environmental protection facilities, complete the acceptance checks.

　　Article 23 The said construction project may only formally go into production or be delivered for use when the matching construction of the environmental protection facilities required for the construction project has passed acceptance checks.

　　Chapter IV Legal Liability

　　Article 24 Whoever commits any of the following acts in violation of the provisions of these Regulations shall be ordered by the competent department of environmental protection administration responsible for the examination and approval of the construction project environmental impact report, environmental impact statement or environmental impact registration form to make up the formalities within a given time period; whoever fails to make up the formalities on expiry of the given time period and start construction without authorization shall be ord

ered to stop the construction and may be imposed a fine of less than RMB 100000 Yuan:

　　(1)failure to file an application for approval of the construction project environmental impact report, environmental impact statement or environmental impact registration form;

　　(2)failure to file a new application for approval of the construction project environmental impact report, environmental impact statement or environmental impact registration form in the event of major changes taking place in the nature, scale, location or production techniques adopted of the construction project; and

　　(3)failure to submit the construction project environmental impact report, environmental impact statement or environmental impact registration form to the original examination and approval organ for re-examination and re-verification of the construction project that starts construction on expiry of 5 years starting from the date of approval of the construction project environmental impact report, environmental impact statement or environmental impact registration form.

　　Article 25 Whoever starts construction without authorization, without the approval of the construction project environmental impact report, environmental impact statement or environmental impact registration form or without the consent upon re-examination and re-verification of the original examination and approval organ shall be ordered by the competent department of environmental protection administration responsible for the examination and approval of the said construction project environmental impact report, environmental impact statement or environmental impact registration form to stop the construction, restore the original state within the given time period, and may be imposed a fine of less than RMB 100000 Yuan.

　　Article 26 The matching environmental protection facilites built for the construction project that goes into trial production fail to go into trial run simultaneously with the main body project in violation of the provisions of these Regulations shall be ordered by the competent department of environmental protection administration responsible for the examination and approval of the said construction project environmental impact report, environmental impact statement or environmental impact registration form to make a rectification within the given time period; whoever fails to make a rectification on expiry of the given time period shall be ordered to stop the trial production, and may be imposed a fine of less than RMB 50000 Yuan.

　　Article 27 A construction unit that fails to file an application for acceptance checks on completion of construction of the environmental protection facilities of a construction project having gone into trial production for more than 3 months in violation of the provisions of these Regulations shall be ordered by the competent department of environmental protection administration that examined and approved the said construction project environmental impact report, environmental impact statement or environmental impact registration form to go through the formalities of acceptance checks on completion of the environmental protection facilities within the given time period; whoever fails to complete the said formalities shall be ordered to stop the trial production and may be imposed a fine of less than RMB 50000 Yuan.

　　Article 28 Where the main body project formally goes into production or is delivered for use without the completion of construction of matching environmental protection facilities required for the construction project, without going through acceptance checks or without passing the acceptance checks in vi

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