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Regulations on the administration of pollutant discharge permits

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Order No. 736 of the State Council of the people's Republic of China

The regulations on the administration of pollutant discharge permits, which were adopted at the 117th executive meeting of the State Council on December 9, 2020, are hereby promulgated and shall come into force on March 1, 2021.

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the environmental protection law of the people's Republic of China and other relevant laws for the purpose of strengthening the management of pollutant discharge permits, standardizing the discharge of pollutants by enterprises, institutions and other producers and operators, controlling the discharge of pollutants, and protecting and improving the ecological environment.

Article 2 enterprises, institutions and other producers and business operators (hereinafter referred to as pollutant discharge units) that implement the management of pollutant discharge licenses in accordance with the provisions of the law shall apply for pollutant discharge licenses in accordance with the provisions of these regulations; those that have not obtained pollutant discharge licenses shall not discharge pollutants.

According to the amount of pollutants produced, discharged, the degree of impact on the environment and other factors, the pollutant discharge units shall be subject to the classified management of pollutant discharge permits

(1) Pollutant discharge units that produce or discharge pollutants or have a greater impact on the environment shall implement key management of pollutant discharge permits;

(2) Pollutant discharge units that produce and discharge less pollutants and have less impact on the environment shall implement simplified management of pollutant discharge permit.

The scope, implementation steps and management category list of pollutant discharge units subject to the management of pollutant discharge permits shall be formulated by the competent department of ecological environment under the State Council and published for implementation after being submitted to and approved by the State Council. In drawing up a list of the scope, implementation steps and management categories of pollutant discharge units that are subject to the management of pollutant discharge permits, the opinions of relevant departments, trade associations, enterprises, institutions and the public shall be solicited.

Article 3 the competent department of ecological environment under the State Council shall be responsible for the unified supervision and administration of pollutant discharge permits throughout the country.

The competent department of ecological environment of the local people's government at or above the level of a city divided into districts shall be responsible for the supervision and administration of pollutant discharge permits in its own administrative region.

Article 4 the competent department of ecological environment under the State Council shall strengthen the construction and management of the national information platform for the management of pollutant discharge licenses, and improve the online handling level of pollutant discharge licenses.

The examination and decision of pollutant discharge license and information disclosure shall be handled through the national pollutant discharge license management information platform.

Article 5 the people's government at or above the level of a city divided into districts shall include the funds required for the administration of pollutant discharge permits in the budget at the corresponding level.

Chapter II Application and examination and approval

Article 6 a pollutant discharging unit shall apply to the competent department of ecological environment of the local people's government at or above the municipal level (hereinafter referred to as the examination and approval department) of the place where its production and business operation site is located for a pollutant discharging license.

If a pollutant discharge unit has two or more production and business operation sites to discharge pollutants, it shall apply for a pollutant discharge license according to the production and business operation sites.

Article 7 to apply for a pollutant discharge license, an application form for a pollutant discharge license may be submitted through the national pollutant discharge license management information platform, or by letter.

The application form for pollutant discharge license shall include the following items:

(1) Information such as the name, domicile, legal representative or principal person in charge, location of production and business operation site, unified social credit code, etc;

(2) Approval documents of environmental impact report (form) of construction project or filing materials of environmental impact registration form;

(3) The pollutant emission standards and total emission control indicators of key pollutants implemented in accordance with the pollutant emission types, concentrations and quantities applied by pollutant emission outlets, main production facilities or workshops or factory boundaries;

(4) Information on pollution prevention and control facilities, location and quantity of pollutant discharge outlets, pollutant discharge mode, discharge direction, self monitoring scheme, etc;

(5) Information about main production facilities, main products and production capacity, main raw and auxiliary materials, links of producing and discharging pollutants, and whether it involves trade secrets.

Article 8 under any of the following circumstances, when applying for a pollutant discharge license, corresponding materials shall also be submitted:

(1) As for the key management of pollutant discharge license, the pollutant discharge unit has disclosed the basic information of the unit and the explanatory materials of the items to be applied for before applying through the national pollutant discharge license management information platform;

(2) If it belongs to centralized treatment facilities for urban and industrial sewage, the pollutant receiving scope, pipe network layout, final discharge direction and other explanatory materials of the pollutant discharging unit;

(3) For new construction, reconstruction and expansion projects as well as technical transformation projects that discharge key pollutants, pollutant discharge units shall obtain explanatory materials for total emission control indicators of key pollutants through reduction and substitution of pollutant emission.

Article 9 the examination and approval department shall deal with the application for pollutant discharge license according to the following situations:

(1) If it is not necessary to apply for a pollutant discharge license according to law, it shall be informed immediately that it is not necessary to apply for a pollutant discharge license;

(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 it, and inform the pollutant discharge unit to apply to the competent department of ecological environment with the power of 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 correct them on the spot;

(4) If the application materials are incomplete or do not conform to the legal form, a notice shall be issued on the spot or within three days to inform the pollutant discharge unit of all the materials that need to be supplemented and corrected at one time; if the application materials are not informed within the time limit, it shall be deemed as accepted from the date of receiving the application materials;

(5) If the application materials are complete and conform to the legal form within the scope of the authority of the examination and approval department, or the pollutant discharge unit supplements and corrects all the application materials as required, it shall accept the application.

The examination and approval department shall make public the decision on whether to accept or not to accept the application for the pollutant discharge license on the national information platform for the management of pollutant discharge license, and issue a written certificate with the special seal of the examination and approval department and the date to the pollutant discharge unit.

Article 10 the examination and approval department shall examine the application materials submitted by the pollutant discharge units, and may conduct on-site verification on the production and business operation sites of the pollutant discharge units.

The examination and approval department may organize technical institutions to conduct technical evaluation on the application materials for pollutant discharge license, and bear the corresponding expenses.

The technical institutions shall be responsible for the technical evaluation opinions put forward by them and shall not charge any fees from the pollutant discharge units.

Article 11 pollutant discharge licenses shall be issued to pollutant discharge units that meet the following conditions:

(1) Obtain the approval document of the environmental impact report (form) of the construction project according to law, or have gone through the filing procedures of the environmental impact registration form;

(2) The discharge of pollutants shall meet the requirements of the pollutant discharge standards, and the discharge of key pollutants shall meet the requirements of the technical specifications for the application and issuance of pollutant discharge licenses, the approval documents of environmental impact reports (forms), and the total amount control of key pollutants. Where the production and operation sites of pollutant discharge units are located in key areas or river basins that do not meet the national environmental quality standards, they shall also meet the relevant requirements Special requirements of local people's governments for improving the quality of ecological environment;

(3) The use of pollution prevention and control facilities can meet the requirements of permitted emission concentration or meet the feasible technology of pollution prevention and control;

(4) The monitoring points, indicators and frequency of the self monitoring scheme meet the national self monitoring standards.

Article 12 the examination and approval department shall, within 20 days from the date of accepting the application, make a decision on the examination and approval of the pollutant discharge units that implement the simplified management of pollutant discharge permits; issue pollutant discharge permits to those that meet the conditions, and refuse to grant permits to those that do not meet the conditions, with written reasons.

The examination and approval department shall, within 30 days from the date of acceptance of the application, make a decision on examination and approval for the pollutant discharge units under the key management of pollutant discharge license; if on-site verification is needed, the decision on examination and approval shall be made within 45 days from the date of acceptance of the application; if the application meets the requirements, the pollutant discharge license shall be issued, and if the application fails to meet the requirements, the license shall not be granted and the reasons shall be explained in writing.

The examination and approval department shall generate a unified pollutant discharge license number through the national pollutant discharge license management information platform.

Article 13 a pollutant discharge license shall record the following information:

(1) The name, domicile, legal representative or principal person in charge of the pollutant discharging unit, and the location of the production and business operation site, etc;

(2) The term of validity, issuing authority, issuing date, certificate number and two-dimensional code of pollutant discharge license, etc;

(3) Links of producing and discharging pollutants, pollution prevention and control facilities, etc;

(4) The location and quantity of pollutant discharge outlets, pollutant discharge mode and discharge direction, etc;

(5) Pollutant discharge type, permitted discharge concentration, permitted discharge amount, etc;

(6) The operation and maintenance requirements of pollution prevention and control facilities, and the standardized construction requirements of pollutant discharge outlets, etc;

(7) Requirements for prohibiting or restricting pollutant discharge during special periods;

(8) The contents and frequency of self-monitoring, environmental management account records and emission permit implementation report, etc;

(9) Environmental information disclosure requirements of pollutant discharge units;

(10) The requirements of unorganized emission control in the case of unorganized emission of air pollutants;

(11) Other requirements for controlling pollutant discharge that pollutant discharging units shall comply with according to laws and regulations.

Article 14 The term of validity of a pollutant discharge permit is five years.

If a pollutant discharging unit needs to continue to discharge pollutants at the expiration of the valid period of the pollutant discharge license, it shall apply to the examination and approval department 60 days before the expiration of the valid period of the pollutant discharge license. The examination and approval department shall complete the examination within 20 days from the date of accepting the application, extend the application if it meets the conditions, and refuse to extend the application if it does not meet the conditions, with written reasons.

If a pollutant discharge unit changes its name, domicile, legal representative or principal person in charge, it shall apply to the examination and approval department for the change of pollutant discharge license within 30 days from the date of change.

Article 15 within the period of validity of a pollutant discharge license, a pollutant discharge unit shall apply for a new pollutant discharge license under any of the following circumstances:

(1) New construction, reconstruction and expansion projects that discharge pollutants;

(2) Changes in the production and business operation sites, the location of the pollutant discharge outlets, or the pollutant discharge methods and directions;

(3) The number of pollutant discharge outlets or the type, quantity and concentration of pollutant discharge increase.

Article 16 if the pollutant discharge standards and requirements for total amount control of key pollutants applicable to pollutant discharge units change and it is necessary to change the pollutant discharge license, the examination and approval department may change the corresponding items of the pollutant discharge license according to law.

Chapter III Management of pollutant discharge

Article 17 the pollutant discharge license is the main basis for the supervision of the ecological environment of pollutant discharge units.

Pollutant discharge units shall abide by the regulations of pollutant discharge license, operate and maintain pollution prevention and control facilities in accordance with the requirements of ecological environment management, establish environmental management system, and strictly control pollutant discharge.

Article 18 pollutant discharge units shall construct standardized pollutant discharge outlets and set up signboards in accordance with the provisions of the competent department of ecological environment.

The location and quantity of pollutant discharge outlets, the way and direction of pollutant discharge shall be consistent with the provisions of the pollutant discharge license.

Pollutant discharge units that implement new construction, reconstruction, expansion projects and technological transformation shall, while constructing pollution prevention and control facilities, construct standardized pollutant discharge outlets.

Article 19 pollutant discharge units shall, in accordance with the provisions of pollutant discharge licenses and relevant standards and specifications, carry out their own monitoring according to law and keep the original monitoring records. The original monitoring records shall be kept for at least 5 years.

Pollutant discharge units shall be responsible for the authenticity and accuracy of their own monitoring data and shall not tamper with or forge them.

Article 20 pollutant discharge units that implement key management of pollutant discharge permits shall install, use and maintain automatic monitoring equipment for pollutant discharge according to law, and connect with the monitoring equipment of the competent department of ecological environment.

If a pollutant discharge unit discovers that the data transmitted by the automatic pollutant discharge monitoring equipment is abnormal, it shall timely report to the competent department of ecological environment for inspection and repair.

Article 21 pollutant discharging units shall establish an environmental management account recording system to truthfully record the operation of main production facilities and pollution prevention and control facilities as well as the concentration and quantity of pollutants discharged in accordance with the format, content and frequency specified in the pollutant discharge license. The retention period of environmental management account records shall not be less than 5 years.

When a pollutant discharging unit finds that the pollutant discharge exceeds the pollutant discharge standard and other abnormal conditions, it shall immediately take measures to eliminate and mitigate the harmful consequences, truthfully record the environmental management account, and report to the competent department of ecological environment to explain the reasons. The pollutant discharge exceeding the pollutant discharge standard and other abnormal conditions shall be included in the pollutant discharge volume of the pollutant discharge unit.

Article 22 pollutant discharge units shall, in accordance with the content, frequency and time requirements of the pollutant discharge license, submit to the examination and approval department the report on the implementation of the pollutant discharge license, and truthfully report the discharge behavior, concentration and quantity of pollutants.

In case of shutdown within the validity period of the pollutant discharge license, the pollutant discharge unit shall truthfully report the change of pollutant discharge and explain the reasons in the implementation report of the pollutant discharge license.

The pollutant discharge amount reported in the implementation report of pollutant discharge permit can be used as the basis for annual ecological environment statistics, assessment of total discharge amount of key pollutants and compilation of emission inventory of pollution sources.

Article 23 pollutant discharge units shall, in accordance with the provisions of pollutant discharge licenses, truthfully disclose pollutant discharge information on the national pollutant discharge license management information platform.

The information of pollutant discharge shall include the type, concentration and quantity of pollutant discharge, the construction and operation of pollution prevention and control facilities, the implementation report of pollutant discharge license, self monitoring data, etc.; where water pollutants are discharged into the municipal drainage network, it shall also include the location and discharge mode of sewage water connected to the municipal drainage network.

Article 24 enterprises, institutions and other producers and operators that produce and discharge very little pollutants and have little impact on the environment shall fill in the pollutant discharge registration form and need not apply for a pollutant discharge license.

The list of enterprises, institutions and other producers and operators that need to fill in the pollution discharge registration form shall be formulated and published by the competent department of ecological environment under the State Council. When drawing up the list of enterprises, institutions and other producers and operators that need to fill in the pollutant discharge registration form, the opinions of relevant departments, trade associations, enterprises, institutions and the public shall be solicited.

Enterprises, institutions and other producers and operators that need to fill in the pollutant discharge registration form shall fill in the basic information, pollutant discharge destination, pollutant discharge standards implemented and pollution prevention measures and other information on the national pollutant discharge license management information platform; if the information filled in changes, the change shall 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 of the discharge permit in the process and after the event, incorporate the inspection of the discharge permit into the annual plan of the ecological environment law enforcement, and reasonably determine the inspection frequency and mode according to the management category of the discharge permit, the credit record of the discharge unit, the needs of the ecological environment management and other factors.

The competent department of ecological environment shall record the time, content, result and punishment decision of law enforcement and inspection on the national information platform of pollutant discharge license management, and at the same time, incorporate the punishment decision into the relevant national credit information system and publish it to the public.

Article 26 pollutant discharge units shall cooperate with the supervision and inspection of the competent department of ecological environment, truthfully reflect the situation, and provide relevant materials such as pollutant discharge license, environmental management account records, implementation report of pollutant discharge license, self monitoring data, etc.

It is forbidden to forge, alter or transfer pollutant discharge licenses.

Article 27 The competent department of ecological environment can monitor the pollutant discharge of pollutant discharge units through the national pollutant discharge license management information platform. If it is found that the pollutant discharge concentration of pollutant discharge units exceeds the allowable discharge concentration, it shall require pollutant discharge units to provide relevant materials such as pollutant discharge license, environmental management account records, pollutant discharge license implementation report, self monitoring data, etc. for verification If necessary, on-site monitoring can be organized.

Article 28 According to the monitoring data collected in the process of administrative law enforcement, as well as the pollutant discharge permit, environmental management account records, implementation report of pollutant discharge permit, self monitoring data and other relevant materials of pollutant discharge units, the competent department of ecological environment shall determine the pollutant discharge amount of pollutant discharge units within the specified period, and whether the operation and maintenance of pollution prevention and control facilities of pollutant discharge units meet the requirements of pollutant discharge permit Check.

Article 29 The competent department of ecological environment shall, in accordance with the law, carry out on-site monitoring, automatic monitoring equipment for pollutant discharge of pollutant discharge units, and national pollutant discharge license management information system


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