Order No. 736 of the State Council of the People’s Republic of China
The “Regulations on the Administration of Pollution Discharge Permits” were adopted at the 117th executive meeting of the State Council on December 9, 2020. They are hereby promulgated and shall come into force on March 1, 2021. Premier Li Keqiang January 24, 2021 Pollution Discharge Permit Management Regulations Chapter One General Provisions Article 1 “?In order to strengthen the management of pollutant discharge permits, regulate the discharge of pollutants by enterprises, institutions and other producers and operators, control the discharge of pollutants, and protect and improve the ecological environment, these regulations are formulated in accordance with the “Environmental Protection Law of the People’s Republic of China” and other relevant laws. Article 2 “?Enterprises, institutions and other producers and operators (hereinafter referred to as pollutant discharging units) that implement pollution discharge permit management in accordance with the law shall apply for a pollutant discharge permit in accordance with the provisions of these regulations; those who have not obtained a pollutant discharge permit shall not discharge pollutants. According to factors such as the amount of pollutants generated, the amount of emissions, the degree of impact on the environment, etc., the pollutant discharge unit is subject to classification management of pollutant discharge permits: (1) Pollutant discharging units that produce or discharge pollutants or have a greater degree of impact on the environment shall implement key pollution discharge permit management; (2) Simplified management of pollutant discharge permits shall be implemented for pollutant-discharging units with relatively small pollutant production, discharge and environmental impact. The scope, implementation steps, and management category list of pollutant discharge units that implement pollutant discharge permit management shall be drafted by the competent department of ecological environment under the State Council and announced for implementation after being approved by the State Council. To formulate the scope, implementation steps, and management categories of pollutant discharge units that implement pollutant discharge permit management, opinions from relevant departments, industry associations, enterprises and institutions, and the general public should be solicited. Article 3 The?competent department of ecological environment of the State Council is responsible for the unified supervision and management of the national pollution discharge permit. The competent departments of ecological environment of local people’s governments at or above the level of cities divided into districts shall be responsible for the supervision and management of pollution discharge permits within their administrative regions. Article 4 ?The?competent department of ecological environment of the State Council shall strengthen the construction and management of the national information platform for pollution discharge permit management and improve the level of online handling of pollution permits. The review and decision of pollutant discharge permits and information disclosure shall be handled through the national pollutant discharge permit management information platform. Article 5:?People’s governments at or above the city level with districts shall include the funds required for the management of pollution discharge permits in the budget at the same level. Chapter II Application and Approval Article 6: A?pollutant discharge unit shall apply for a pollutant discharge permit from the competent department of ecological environment of the local people’s government at or above the city level (hereinafter referred to as the approval department) where its production and business site is located. If a pollutant discharge unit discharges pollutants from two or more production and business sites, it shall apply for a pollutant discharge permit according to the production and business sites. Article 7 ? To?apply for a pollutant discharge permit, one can submit a pollutant discharge permit application form through the National Pollution Permit Management Information Platform, or through a letter or other means. The pollutant discharge permit application form shall include the following items: (1) Information such as the name, domicile, legal representative or main person in charge of the pollutant discharge unit, the location of the production and operation site, and the unified social credit code; (2) Construction project environmental impact report (form) approval documents or environmental impact registration form filing materials; (3) According to the pollutant discharge type, discharge concentration and discharge volume applied by the pollutant discharge outlet, main production facility or workshop or factory boundary, the implemented pollutant discharge standard and the total discharge control index of key pollutants; (4) Information on pollution prevention and control facilities, location and quantity of pollutant discharge outlets, pollutant discharge methods, discharge destinations, and self-monitoring plans; (5) Information on main production facilities, main products and capacity, main raw and auxiliary materials, production and discharge of pollutants, and whether it involves business secrets and other circumstances that should not be disclosed. Article 8: In?any of the following circumstances, corresponding materials shall also be submitted when applying for a pollutant discharge permit: (1) In the case of the implementation of key management of pollutant discharge permits, the pollutant discharging unit has disclosed the basic information of the unit through the national pollutant discharge permit management information platform and explanatory materials of the licensing items to be applied for before the application; (2) In the case of centralized treatment facilities for urban and industrial sewage, explanatory materials such as the pollutant receiving area, pipe network layout, and final discharge destination of the pollutant discharge unit; (3) In the case of new, reconstruction, or expansion projects that discharge key pollutants, as well as implementation of technological transformation projects, the pollutant discharging unit obtains explanatory materials for the total discharge control index of key pollutants through pollutant discharge reduction substitution. Article 9 ?The?examination and approval department shall deal with the received application for a pollutant discharge permit according to the following conditions: (1) If there is no need to apply for a pollutant discharge permit in accordance with the law, it shall be notified immediately that it is not necessary to apply for a pollutant discharge permit; (2) If it does not fall within the scope of the authority of the examination and approval department, it shall immediately make a decision not to accept the application, and inform the pollutant discharge unit to apply to the competent department of ecological environment for examination and approval; (3) If there are errors in the application materials that can be corrected on the spot, the pollutant discharge unit shall be allowed to make corrections on the spot; (4) If the application materials are incomplete or do not conform to the statutory form, a notification form shall be issued on the spot or within 3 days to notify the pollutant discharge unit of all materials that need to be supplemented and corrected at one time; if the notification is not given within the time limit, it shall be deemed as the date of receipt of the application materials For acceptance; (5) If it falls within the scope of the authority of the examination and approval department, the application materials are complete and conform to the legal form, or the pollutant discharge unit supplements and corrects all the application materials as required, it shall be accepted. The examination and approval department shall publicly accept or reject the decision of the application for a pollution discharge permit on the national pollution discharge permit management information platform, and at the same time issue a written certificate affixed with the special seal of the examination and approval department and dated to the pollutant discharge unit. Article 10: The?examination and approval department shall review the application materials submitted by the pollutant discharging unit and may conduct on-site inspections on the production and business premises of the pollutant discharging unit. The examination and approval department may organize a technical institution to conduct a technical evaluation of the application materials for a pollution discharge permit and bear the corresponding expenses. The technical institution shall be responsible for the technical evaluation opinions it puts forward, and shall not charge any fees to the pollutant discharge unit. Article 11?Pollution discharge permits shall be issued to pollutant discharge units that meet the following conditions: (1) Obtain the approval documents of the environmental impact report (form) of the construction project in accordance with the law, or have gone through the environmental impact registration form filing procedures; (2) The discharge of pollutants meets the requirements of pollutant discharge standards, and the discharge of key pollutants meets the requirements of the application for pollutant discharge permits and technical specifications for issuance, environmental impact report (form) approval documents, and total discharge control requirements of key pollutants; among them, the pollutant discharge unit Where the production and operation sites are located in key areas or river basins that do not meet the national environmental quality standards, they shall also meet the special requirements of the relevant local people’s governments on improving the quality of the ecological environment; (3) The use of pollution prevention and control facilities can meet the permitted emission concentration requirements or meet the feasible technologies for pollution prevention and control; (4) The monitoring points, indicators, and frequency of the self-monitoring plan comply with the national self-monitoring standards. Article 12?For pollutant discharge units that implement simplified management of pollutant discharge permits, the examination and approval department shall make an examination and approval decision within 20 days from the date of accepting the application; issue pollutant discharge permits for eligible pollutant discharge permits, and give written reasons for not permitting those that do not. . For pollutant discharge units that implement key management of pollutant discharge permits, the examination and approval department shall make an examination and approval decision within 30 days from the date of accepting the application; if on-site verification is required, the examination and approval decision shall be made within 45 days from the date of accepting the application; Permit, disapproval of those who do not meet the conditions and explain the reasons in writing. The examination and approval department shall generate a unified pollution discharge permit number through the national pollution discharge permit management information platform. Article 13: The?pollutant discharge permit shall record the following information: (1) The name, domicile, legal representative or main person in charge of the pollutant discharge unit, location of the production and business premises, etc.; (2) The validity period of the pollution discharge permit, the issuing authority, the date of issuance, the certificate number and the QR code, etc.; (3) Links in generating and discharging pollutants, pollution prevention facilities, etc.; (4) Location and quantity of pollutant discharge outlets, pollutant discharge method and discharge destination, etc.; (5) Types of pollutant discharge, permitted discharge concentration, permitted discharge volume, etc.; (6) Requirements for operation and maintenance of pollution prevention facilities, and requirements for standardized construction of pollutant discharge outlets, etc.; (7) Requirements for prohibiting or restricting the discharge of pollutants during special periods; (8) Requirements for content and frequency of self-monitoring, environmental management ledger records, and pollution discharge permit implementation reports; (9) Environmental information disclosure requirements of pollutant discharge units; (10) Unorganized emission control requirements when there is unorganized emission of air pollutants; (11) Other requirements for the control of pollutant discharge that the laws and regulations stipulate that pollutant discharge entities shall comply with. Article 14: The?validity period of the pollution discharge permit is 5 years. If the pollutant discharge permit expires and the pollutant discharge unit needs to continue to discharge pollutants, it shall submit an application to the examination and approval department 60 days before the expiration of the pollutant discharge permit. The examination and approval department shall complete the examination within 20 days from the date of acceptance of the application; extend the renewal for those that meet the requirements, and not extend the renewal for those that do not meet the requirements, and explain the reasons in writing. If a pollutant discharging unit changes its name, residence, legal representative or main person in charge, it shall, within 30 days from the date of the change, apply to the examination and approval department to go through the procedures for changing the pollutant discharge permit. Article 15:?Within the validity period of the pollutant discharge permit, if the pollutant discharge unit has one of the following circumstances, it shall reapply for the pollutant discharge permit: (1) Newly built, rebuilt, or expanded projects that discharge pollutants; (2) Changes in production and business premises, locations of pollutant discharge outlets, or pollutant discharge methods and destinations; (3) Increase in the number of pollutant discharge outlets or the type, volume and concentration of pollutants discharged. Article 16 “?Where there are changes in the pollutant discharge standards and the total control requirements of key pollutants applicable to the pollutant discharge unit, and it is necessary to change the pollutant discharge permit, the examination and approval department may change the corresponding items of the pollutant discharge permit in accordance with the law. Chapter III Pollution Management Article 17: The?permit for pollutant discharge is the main basis for the supervision of the ecological environment of the pollutant discharge unit. The pollutant discharge unit shall abide by the provisions of the pollutant discharge permit, operate and maintain pollution prevention facilities in accordance with the requirements of ecological environment management, establish an environmental management system, and strictly control the discharge of pollutants. Article 18:?Pollutant discharging units shall construct standardized pollutant discharge outlets and set up signs in accordance with the regulations of the competent department of ecological environment. The location and quantity of pollutant discharge outlets, pollutant discharge methods and discharge destinations shall be consistent with the provisions of the pollutant discharge permit. Pollutant discharging units that implement new, rebuilt, expanded projects and technological transformations shall build standardized pollutant discharge outlets while constructing pollution prevention and control facilities. Article 19: The?pollutant discharge unit shall conduct self-monitoring in accordance with the provisions of the pollutant discharge permit and relevant standards and regulations, and keep original monitoring records. The retention period of the original monitoring records shall not be less than 5 years. The pollutant discharge unit shall be responsible for the authenticity and accuracy of the self-monitoring data, and shall not tamper with or forge it. Article 20:?Pollutant discharge units that implement the key management of pollutant discharge permits shall install, use and maintain automatic pollutant discharge monitoring equipment in accordance with the law, and network with the monitoring equipment of the competent department of ecological environment. If the pollutant discharge unit discovers that the data transmitted by the automatic pollutant discharge monitoring equipment is abnormal, it shall promptly report to the competent department of ecological environment, and conduct inspection and repair. Article 21: A?pollutant discharge unit shall establish an environmental management ledger record system, and truthfully record the operation of main production facilities and pollution prevention facilities, as well as the concentration and amount of pollutants discharged, in accordance with the format, content and frequency specified in the discharge permit. The retention period of environmental management ledger records shall not be less than 5 years. When the pollutant discharge unit discovers that the pollutant discharge exceeds the pollutant discharge standard or other abnormal conditions, it shall immediately take measures to eliminate and reduce the harmful consequences, truthfully record the environmental management account, and report to the ecological environment competent department to explain the reason. The discharge of pollutants under abnormal conditions such as exceeding the pollutant discharge standard is included in the pollutant discharge of the pollutant discharge unit. Article 22: The?pollutant discharge unit shall submit a pollutant discharge permit implementation report to the examination and approval department in accordance with the content, frequency and time requirements of the pollutant discharge permit, and truthfully report pollutant discharge behavior, discharge concentration, discharge volume, etc. In the event of production suspension during the validity period of the pollution discharge permit, the pollutant discharge unit shall truthfully report the changes in pollutant discharge and explain the reasons in the implementation report of the pollution discharge permit. The pollutant discharge amount reported in the implementation report of the pollution discharge permit can be used as the basis for the annual ecological environment statistics, the assessment of the total discharge of key pollutants, and the compilation of the pollution source discharge inventory. Article 23:?Pollutant discharge units shall, in accordance with the provisions of the pollution discharge permit, truthfully disclose pollutant discharge information on the national pollution discharge permit management information platform. Pollutant discharge information should include pollutant discharge types, discharge concentration and discharge volume, as well as the construction and operation of pollution prevention facilities, pollution discharge permit implementation reports, self-monitoring data, etc.; among them, water pollutants discharged into the municipal drainage network, It should also include information such as where the sewage is connected to the municipal drainage network and how it is discharged. Article 24 “?Enterprises, public institutions, and other producers and operators with a small amount of pollutants generated, discharged, and impact on the environment shall fill in a pollutant discharge registration form and do not need to apply for a pollutant discharge permit. The list of enterprises, institutions and other producers and operators who need to fill in the pollution discharge registration form shall be formulated and announced by the competent department of ecological environment under the State Council. To formulate a list of the scope of enterprises and institutions and other producers and operators that need to fill in the pollutant discharge registration form, the opinions of relevant departments, industry associations, enterprises and institutions, and the general public shall be sought. Enterprises, institutions and other producers and operators that need to fill in the pollution discharge registration form should fill in basic information, pollutant discharge destination, implemented pollutant discharge standards, and pollution prevention and control measures adopted on the national pollution discharge permit management information platform; If there is any change in the information, the change should be filled in within 20 days from the date of the change. Chapter IV Supervision and Inspection Article 25 The?competent department of ecological environment shall strengthen the supervision during and after the event of pollutant discharge permits, incorporate the inspection of pollutant discharge permit enforcement into the annual ecological environment law enforcement plan, according to factors such as the management category of pollutant discharge permits, the credit records of pollutants and the needs of ecological environment management, etc. Reasonably determine the frequency and method of inspection. The competent department of ecological environment shall record the time, content, results and punishment decisions of law enforcement inspections on the national pollution discharge permit management information platform, and at the same time incorporate the punishment decisions into the relevant national credit information system for public announcement. Article 26 ?The?pollutant discharge unit shall cooperate with the supervision and inspection of the competent department of ecological environment, truthfully report the situation, and provide relevant materials such as pollutant discharge permit, environmental management ledger record, pollutant discharge permit execution report, self-monitoring data, etc. as required. It is prohibited to forge, alter, or transfer the pollution discharge permit. Article 27 The?competent department of ecological environment can monitor the pollutant discharge of pollutants through the national pollution discharge permit management information platform. If the pollutant discharge concentration of the pollutant discharge unit exceeds the permitted discharge concentration, it shall request the pollutant discharge permit, Environmental management ledger records, pollution discharge permit execution reports, self-monitoring data and other relevant materials shall be checked, and on-site monitoring may be organized when necessary. Article 28 The?competent department of ecological environment shall, based on the monitoring data collected in the process of administrative law enforcement, and relevant materials such as the pollutant discharging unit’s pollutant discharge permit, environmental management account records, pollutant discharge permit execution report, and self-monitoring data The amount of pollutants discharged during the specified period, and whether the operation and maintenance of the pollution prevention and control facilities of the pollutant discharge unit meet the requirements of the pollution discharge permit shall be checked. Article 29 The?pollutant discharge data obtained by the competent department of ecological environment through on-site monitoring, automatic pollutant discharge monitoring equipment of pollutant discharge units, and the national pollution discharge permit management information platform can be used to determine whether the pollutant discharge concentration exceeds the permitted discharge. Evidence of concentration. If the pollutant discharge unit’s self-monitoring data is inconsistent with the monitoring data collected by the ecological environment competent department and its subordinate monitoring agency in the process of administrative law enforcement, the monitoring data collected by the ecological environment competent department and its subordinate monitoring agency shall be used as the basis for administrative law enforcement. Article 30: The?State encourages pollutant discharge units to adopt feasible technologies for pollution prevention and control. The competent department of ecological environment under the State Council formulates and publishes guidelines for feasible technologies for pollution prevention and control. If the pollutant discharging unit does not adopt feasible technologies for pollution prevention and control, the competent department of ecological environment shall comply with relevant materials such as pollutant discharge permit, environmental management ledger records, pollutant discharge permit execution report, self-monitoring data, etc., and the competent department of ecological environment and its monitoring agencies The monitoring data collected in the process of administrative law enforcement comprehensively judges whether the pollution prevention technology adopted by the pollutant discharger can stably meet the requirements of the pollutant discharge permit; if it cannot stably meet the requirements of the pollutant discharge permit, rectification requirements should be proposed and the frequency of inspections can be increased. To formulate guidelines on feasible technologies for pollution prevention and control, opinions from relevant departments, industry associations, enterprises and institutions, and the general public should be sought. Article 31:?Any unit and individual shall have the right to report to the competent department of ecological environment for the violation of these regulations by the pollutant discharging unit. The competent department of ecological environment that receives the report shall handle it in accordance with the law, report the results of the handling to the reporter in accordance with relevant regulations, and keep the reporter confidential. Chapter V Legal Liability Article 32 If, in?violation of the provisions of these Regulations, the competent department of ecological environment commits one of the following behaviors in the approval or supervision and management of pollution discharge permits, the higher-level authority shall order corrections; the directly responsible persons in charge and other directly responsible persons shall be punished according to law : (1) Refusal to accept applications for pollutant discharge permits that meet statutory conditions or fail to approve within the statutory time limit; (2) Issue pollutant discharge permits to pollutant discharge units that do not meet the legal requirements; (3) Examining and approving pollutant discharge permits in violation of approval authority; (4) Failing to investigate and deal with illegal acts found; (5) Other acts that fail to perform supervision and management duties in accordance with the law. Article 33 In?violation of these regulations, if a pollutant discharging unit commits one of the following acts, the competent department of ecological environment shall order it to correct or restrict production, stop production for rectification, and impose a fine of 200,000 to 1 million; if the circumstances are serious, report Upon approval of the people’s government with the right to approve, order to suspend business and close down: (1) Discharging pollutants without obtaining a pollutant discharge permit; (2) Failure to apply for renewal of the pollutant discharge permit at the expiration of the validity period or to apply for the renewal to discharge pollutants without approval; (3) Discharge of pollutants after being revoked, cancelled or revoked according to law; (4) Re-apply for a pollutant discharge permit in accordance with the law, and fail to re-apply for a pollutant discharge permit to discharge pollutants. Article 34 In?violation of the provisions of these Regulations, if a pollutant discharge unit commits one of the following acts, the competent department of ecological environment shall order it to correct or restrict production, stop production for rectification, and impose a fine of 200,000 to 1 million yuan; if the circumstances are serious, it shall be revoked The pollutant discharge permit shall be submitted to the people’s government with the right to approve for approval, and shall be ordered to suspend business and close down: (1) Discharge pollutants in excess of the permitted discharge concentration and permitted discharge volume; (2) Illegal discharge of pollutants through hidden pipes, seepage wells, seepage pits, perfusion or tampering or falsification of monitoring data, or abnormal operation of pollution prevention facilities, etc., to evade supervision. Article 35 In?violation of the provisions of these regulations, a pollutant discharging unit commits one of the following acts, the competent department of ecological environment shall order correction and impose a fine of 50,000 to 200,000 yuan; if the circumstances are serious, 200,000 to 1 million shall be imposed Fines below RMB Yuan shall be ordered to restrict production and stop production for rectification: (1) Failing to control the unorganized discharge of air pollutants in accordance with the provisions of the pollution discharge permit; (2) Failure to stop or restrict the discharge of pollutants in accordance with the provisions of the pollution discharge permit during the special period Article 36 ?In?violation of the provisions of these regulations, a pollutant discharge unit commits one of the following acts, the ecological environment competent department shall order corrections and impose a fine of 20,000 yuan up to 200,000 yuan; if they refuse to make corrections, they shall be ordered to suspend production for rectification: (1) The location or quantity of pollutant discharge outlets does not meet the requirements of the pollutant discharge permit; (2) The pollutant discharge method or discharge destination does not meet the requirements of the pollutant discharge permit; (3) Destroying or arbitrarily moving or changing the automatic pollutant discharge monitoring equipment; (4) Failing to install and use automatic pollutant discharge monitoring equipment in accordance with the provisions of the pollution discharge permit and network with the monitoring equipment of the competent department of ecological environment, or fail to guarantee the normal operation of the automatic pollutant discharge monitoring equipment; (5) Failing to formulate a self-monitoring plan and conduct self-monitoring in accordance with the provisions of the pollution discharge permit; (6) Failing to keep the original monitoring records in accordance with the provisions of the pollution discharge permit; (7) Failing to disclose pollutant discharge information in accordance with the provisions of the pollutant discharge permit or failing to truthfully disclose pollutant discharge information; (8) Failure to report abnormal conditions such as abnormal data transmission from automatic pollutant discharge monitoring equipment or pollutant discharge exceeding pollutant discharge standards; (9) Acts that violate other requirements for the control of pollutant discharge prescribed by laws and regulations. Article 37 In?violation of the provisions of these regulations, a pollutant discharging unit commits one of the following acts, the competent department of ecological environment shall order corrections and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan each time; if the law provides otherwise, the provisions shall be followed : (1) Failing to establish an environmental management ledger record system, or failing to record in accordance with the provisions of the pollution discharge permit; (2) Failure to truthfully record the operation of major production facilities and pollution prevention facilities, or the concentration and volume of pollutants discharged; (3) Failure to submit a pollutant discharge permit implementation report in accordance with the provisions of the pollutant discharge permit; (4) Failure to truthfully report pollutant discharge behavior or pollutant discharge concentration and discharge volume. Article 38 If a?pollutant discharge unit discharges pollutants in violation of these regulations and is fined and ordered to make corrections, the competent department of ecological environment shall organize a review. If it is discovered that it continues to commit the illegal act or refuses or obstructs the review, it shall be subject to the “Chinese People According to the provisions of the Environmental Protection Law of the Republic of China, continuous penalties are imposed on a daily basis. Article 39: If a?pollutant discharging unit refuses to cooperate with the supervision and inspection of the ecological environment authority, or resorts to fraud when undergoing supervision and inspection, the ecological environment authority shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan. Article 40 If a?pollutant discharge unit applies for a pollutant discharge permit by fraud, bribery or other improper means, the examination and approval department shall revoke its pollutant discharge permit in accordance with the law and impose a fine of 200,000 to 500,000 yuan, and shall not apply for a pollutant discharge permit again within 3 years certificate. Article 41 Anyone?who forges, alters or transfers pollution discharge permits in violation of the provisions of these regulations shall be confiscated or revoked by the competent department of ecological environment and shall impose a fine of not less than 100,000 yuan but not more than 300,000 yuan, and shall not be allowed within 3 years Apply for a sewage permit again. Article 42 In?violation of the provisions of these regulations, if the pollutant discharge permit technical agency entrusted by the examination and approval department engages in fraud, the examination and approval department shall terminate the entrustment relationship, record relevant information in its credit record, and publish it on the national pollution discharge permit management information platform. It is included in the relevant national credit information system and announced to the public; if the circumstances are serious, it is prohibited to engage in technical services for pollutant discharge licensing. Article 43 “?Enterprises, institutions and other producers and operators who need to fill in the pollutant discharge registration form, fail to fill in the pollutant discharge information in accordance with the regulations, shall be ordered to make corrections by the competent department of ecological environment and may be fined less than 50,000 yuan. Article 44 If a?pollutant discharge unit commits one of the following acts and does not constitute a crime, in addition to punishing them in accordance with the provisions of these regulations, the directly responsible persons in charge and other directly responsible persons shall be in accordance with the Environmental Protection Law of the People’s Republic of China The regulations impose detention: (1) Discharging pollutants without obtaining a pollutant discharge permit, is ordered to stop pollutant discharge, and refuses to implement; (2) Illegal discharge of pollutants through hidden pipes, seepage wells, seepage pits, perfusion or tampering or falsification of monitoring data, or abnormal operation of pollution prevention facilities, etc., to evade supervision. Article 45: Anyone who?violates these regulations and constitutes a violation of public security management shall be given public security management penalties according to law; if a crime is constituted, criminal responsibility shall be investigated according to law. Chapter VI Supplementary Provisions Article?46. ??Pollutant discharging units that have actually discharged pollutants before the implementation of these regulations do not meet the requirements of these regulations, they shall make rectifications within the time limit specified by the competent department of ecological environment under the State Council, meet the conditions specified in these regulations, and apply for pollution discharge. Permit: Those who fail to obtain a pollutant discharge permit within the expiry date shall not continue to discharge pollutants. Within the time limit for rectification, the competent department of ecological environment shall issue to it a rectification notice of the pollution discharge deadline, specifying the content of rectification and the time limit for rectification and other requirements. Article 47:?The format and content requirements of pollutant discharge permit application forms, environmental management ledger records, pollutant discharge permit execution reports, and technical specifications for pollutant discharge permit applications and issuance shall be formulated by the competent department of ecological environment under the State Council. Article 48:?Where enterprises, institutions and other producers and operators involve state secrets, their pollution discharge permits, supervision and management, etc. shall comply with the provisions of confidentiality laws and regulations. Article 49: The?management of pollutant discharge from mobile pollution sources such as airplanes, ships, motor vehicles, and trains shall be implemented in accordance with relevant laws and regulations. Article 50 “The?pollutant discharge unit shall abide by the safety production regulations, operate and maintain pollution prevention and control facilities in accordance with the safety production management requirements, and establish a safety production management system. In the process of operating and maintaining pollution prevention and control facilities, if a safety production regulation is violated and a safety production accident occurs, the responsible pollutant discharge unit shall be punished in accordance with the relevant provisions of the “Safe Production Law of the People’s Republic of China. Article 51:?These regulations shall come into force on March 1, 2021.
Source: http://www.gov.cn/zhengce/content/2021-01/29/content_5583525.htm |