New regulations on pollutant discharge permit: seven behaviors will be severely punished, and one behavior can be given a lighter punishment
release date: Source: Global corrugated industry editor: Yu Jia Views: 3637 copyright and disclaimer
core tip: on January 10, 2018, Li Ganjie, Minister of environmental protection, signed Decree No. 48 of the Ministry of environmental protection, officially issued the measures for the administration of pollutant discharge permits (Trial) (hereinafter referred to as the "administrative measures") and stipulated that the "administrative measures" will be implemented from January 10
[China Packaging News] on January 10, 2018, Li Ganjie, Minister of environmental protection, signed Decree No. 48 of the Ministry of environmental protection, officially issued the measures for the administration of pollutant discharge permits (Trial) (hereinafter referred to as the "administrative measures") and stipulated that the "administrative measures" will be implemented from January 10. The administrative measures establishes clear penalties for violations of the relevant provisions of the pollutant discharge permit. Seven behaviors will be severely punished, but one behavior can be given a lighter punishment
I. if the pollutant discharge unit conceals relevant information or provides false materials to apply for administrative license, the issuing environmental protection department will not accept or grant administrative license, and will give a warning
the pollutant discharge unit shall fill in and submit the application for pollutant discharge license on the national pollutant discharge license management information platform, and submit the written application materials printed through the national pollutant discharge license management information platform to the issuing environmental protection department at the same time. The specific contents include:
1. The application form for pollutant discharge license, which mainly includes: basic information of the pollutant discharge unit, main production facilities, main products and production capacity, main raw and auxiliary materials, waste gas Waste water and other production and discharge links and pollution prevention and control facilities, the location and quantity of the applied discharge outlet, the discharge mode, and the discharge destination, and the discharge standards implemented according to the type, concentration, and amount of pollutants applied for by the discharge outlet and production facilities or workshops
2. Self monitoring scheme
3. Letter of commitment signed or sealed by the legal representative of the pollutant discharge unit or the person in charge for more than 50 years
4. Description of the standardization of the sewage outlet by the sewage discharge unit
5. The approval document number of the environmental impact assessment document of the construction project, or the relevant certification materials that have been handled and rectified according to the law and meet the requirements by Professor Yang Weimin of the school of electrical engineering of Beijing University of Chemical Technology/Changjiang Scholar Fang people's Government in accordance with the relevant national regulations
6. Statement of information disclosure before application for pollutant discharge permit
7. The operation and management unit of centralized sewage treatment facilities shall also provide materials such as the scope of pollutants, the list of pollutant receiving and discharging units, pipe layout, and the final discharge destination
8. After the implementation of these measures, the pollutant discharge units of new, reconstruction and expansion projects have obtained the total emission control indicators of key pollutants through the replacement and reduction of pollutant emissions by the same amount or reduction, and the pollutant discharge units that sell the total emission control indicators of key pollutants have obtained the pollutant discharge permit, Relevant materials for the completion of the change of the pollutant discharge permit of the pollutant discharge unit that assigned the total emission control index of key pollutants shall be provided
9. Other materials stipulated by laws, regulations and rules
if trade secrets are involved in the registration items of main production facilities and main product capacity, the pollutant discharge unit shall mark them
II. Those who fail to apply for the change and reissue of the pollutant discharge license in time
violate the provisions of Article 43 of these measures and fail to apply for the change of the pollutant discharge license in time; Or those who violate the provisions of Article 51 of these measures and fail to apply for the pollutant discharge permit in time shall be ordered to make corrections by the environmental protection department that issues the permit
within the validity period of the pollutant discharge permit, if the following matters related to the pollutant discharge unit change, the pollutant discharge unit shall submit an application for changing the pollutant discharge permit to the environmental protection department within the specified time:
1. Within 30 working days from the date of change of the basic information contained in the original of the pollutant discharge unit, such as the name, address, legal representative or main person in charge
2. Within 30 working days before the date of change of licensing matters due to the pollutant discharge unit
3. If the pollutant discharge unit should carry out environmental impact assessment for the implementation of new, reconstruction and expansion projects in the original site,
within 30 working days before the date of change of pollutant discharge behavior after obtaining the approval opinions of environmental impact assessment
4. Within 30 working days before the implementation of the newly formulated and revised national and local pollutant emission standards
5. Within 30 working days after the change of the total emission control index of key pollutants decomposed and implemented according to law
6. Within 30 working days before the implementation of the plan for reaching the standard within a time limit formulated by the local people's government according to law
7. Within 30 working days after the implementation of the emergency plan for heavily polluted weather formulated by the local people's government according to law
8. Other circumstances requiring changes according to laws and regulations
III. If a key pollutant discharge unit fails to disclose relevant environmental information in accordance with the law or fails to disclose relevant environmental information in a truthful manner,
If a key pollutant discharge unit fails to disclose relevant environmental information in accordance with the law or fails to disclose relevant environmental information in a truthful manner, the competent environmental protection department at or above the county level shall order the disclosure, impose a fine in accordance with the law, and make an announcement
IV. those who fail to discharge pollutants, monitor and record in accordance with the provisions, in violation of Article 34 of these measures, and have one of the following acts, shall be ordered to make corrections and fined not less than 20000 yuan but not more than 200000 yuan by the competent environmental protection department at or above the county level in accordance with the provisions of the law of the people's Republic of China on the prevention and control of air pollution and the law of the people's Republic of China on the prevention and control of water pollution; Those who refuse to make corrections shall be ordered to stop production for rectification according to law:
(1) failing to monitor the industrial waste gas, toxic and harmful air pollutants and water pollutants discharged in accordance with the regulations, or failing to keep the original monitoring records
(2) failing to install automatic monitoring equipment for air pollutants and water pollutants in accordance with the regulations, or failing to connect with the monitoring equipment of the competent environmental protection department in accordance with the regulations, or failing to ensure the normal operation of the monitoring equipment
v.
the pollutant discharge unit that discharges pollutants without a pollutant discharge license has the following pollutants that are not only discharged by the main engine without a pollutant discharge license. If we are carefully doing a good job in the situation of pollutants, the competent environmental protection department at or above the county level shall order it to make corrections or order it to restrict production and stop production for remediation in accordance with the provisions of the law of the people's Republic of China on the prevention and control of air pollution and the law of the people's Republic of China on the prevention and control of water pollution, And impose a fine of not less than 100000 yuan but not more than onemillion yuan; If the circumstances are serious, it shall be reported to the people's government with the approval power and ordered to suspend business or close down:
(1) it shall apply for a pollution discharge license according to law but fails to apply, or it discharges pollutants without a pollution discharge license after application
(2) failing to apply for the renewal of the pollutant discharge license after the expiration of the valid period of the pollutant discharge license, or continuing to apply for the discharge of pollutants without the approval of the environmental protection department
(3) discharge pollutants after the discharge permit is revoked according to law
(IV) other circumstances stipulated by laws and regulations
VI. if a pollutant discharge unit that violates the pollutant discharge license commits the following violations of the pollutant discharge license, the competent environmental protection department at or above the county level shall, in accordance with the provisions of the environmental protection law of the people's Republic of China, the law of the people's Republic of China on the prevention and control of air pollution, and the law of the people's Republic of China on the prevention and control of water pollution, order it to make corrections, or order it to restrict production or stop production for rectification, And impose a fine of not less than 100000 yuan but not more than onemillion yuan; If the circumstances are serious, it shall be reported to the people's government with the approval power and ordered to suspend business or close down:
(1) those who exceed the discharge standards or discharge water pollutants or air pollutants in excess of the total emission control indicators of key air pollutants and key water pollutants
(2) discharging air pollutants by secretly discharging, tampering with or falsifying monitoring data, temporarily stopping production for the purpose of evading on-site inspection, opening emergency discharge channels in non emergency situations, abnormal operation of air pollution prevention and control facilities and other means of evading supervision
(3) discharging water pollutants by evading supervision by means of wells, seepage pits, fissures, karst caves, privately setting concealed pipes, tampering with or falsifying monitoring data, or abnormal operation of water pollution prevention and control facilities
(4) other discharge of pollutants in violation of the provisions of the pollutant discharge permit
VII. If an illegal pollutant discharge enterprise continues to discharge pollutants in violation of the law and obstructs the review, and the pollutant discharge unit illegally discharges air pollutants and water pollutants, and is fined and ordered to make corrections, the administrative organ that made the punishment decision according to law shall organize the review, and if it is found that it continues to discharge air pollutants and water pollutants in violation of the law, or refuses or obstructs the review, the administrative organ that made the punishment decision may start from the next day of the date of correction of the order, According to the law, the punishment shall be carried out continuously on a daily basis according to the original amount of punishment
VIII. Those who report in time and take measures in time may be given a lighter punishment
the pollutant discharge unit has abnormal conditions specified in Item 2 and 3 of paragraph 1 of Article 35 or item 2 of paragraph 4 of Article 37 of these measures, timely reports to the approval and Issuance environmental protection department, and actively takes measures to eliminate or reduce the harmful consequences of illegal acts, The competent department of environmental protection at or above the county level shall impose a lighter punishment in accordance with the relevant provisions of the administrative punishment law of the people's Republic of China
the pollutant discharging unit shall record the situation in the first paragraph of this article in the corresponding quarterly or monthly implementation report
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