Question and answer of pollution discharge permit 100
The first part of emission permit policy 50 q&a
1. What is the legal basis of pollutant discharge permit system?
A: according to article 45 of the environmental protection law of the People's Republic of China (decree no. 9 of the President of the People's Republic of China in 2014), the state implements a pollution discharge permit management system in accordance with the law.Enterprises, institutions and other producers and business operators that practise the management of pollutant discharge permits shall discharge pollutants in accordance with the requirements of the permits.No pollutant may be discharged without a pollutant discharge permit.The law of the People's Republic of China on the prevention and control of water pollution (on June 27, 2017, the 12th session of the standing committee of the National People's Congress meeting of the twenty-eight) : under the provisions of article 21 directly or indirectly to the water discharge of industrial waste water and medical sewage, as well as in accordance with the relevant provisions shall acquire the discharge of wastewater, sewage discharge permit before enterprises and institutions shall obtain discharge permit;The operating units of urban sewage centralized treatment facilities shall also obtain a discharge permit.It is prohibited for enterprises and institutions to discharge waste water or sewage into any water body without a discharge permit or in violation of the provisions of the discharge permit.The law of the People's Republic of China on the prevention and control of atmospheric pollution (October 26, 2018 the 13th session of the National People's Congress standing committee sixth) stipulated in article 19: the discharge of industrial waste gas or the provisions of article seventy-eight of the catalogue of poisonous and harmful air pollutants listed in enterprises and institutions, the coal reservoir production operation units of central heating facilities and other tradable permits management units in accordance with the law, shall acquire the discharge permit."Pollutant discharge permit management method (try out)" (ministry order no. 48) the 4th regulation: pollutant discharge unit should hold pollutant discharge permit according to law, and discharge pollutant according to the regulation of pollutant discharge permit.Where a pollutant discharge permit should be obtained but not obtained, no pollutant shall be discharged.
2. What are the important documents of the CPC central committee and the state council on the reform of pollutant discharge permit system?
A: the decision of the CPC central committee on several major issues concerning comprehensively deepening reform, made at the third plenary session of the 18th central committee of the communist party of China (CPC) in November 2013, points out that we will improve the pollutant emission permit system and implement a total pollutant emission control system for enterprises and public institutions.This is the first time that the central government has put forward the pollutant discharge permit system in the decision, and it is also put forward as a major issue of the reform, so as to determine the significant reform significance of the implementation of the pollutant discharge permit system.Released in April 2015, "the central committee of the communist party of China under the State Council on accelerating the opinions of the construction of ecological civilization", in "a sound system of ecological civilization system" chapter emphasizes that "perfect the pollutant discharge permit system, ban unlicensed sewage and the excessive, overall volume", clear without pollution and excessive, overall volume belongs to behavior must be forbidden.In September 2015, the party central committee and the State Council issued by the overall scheme of reform of the ecological civilization system, further from the height of the reform of the request, "improve the pollutant discharge permit system, across the country as soon as possible will establish a unified, fair, covering all the stationary sources of enterprises and emission permits system, in accordance with the discharge permit issued by the polluters must be licensed drainage, ban unlicensed sewage or drainage as stipulated in the permit", not only emphasized the prohibited behavior, also made clear system of tradable permits to cover all stationary sources.In November 2016, the general office of the state council issued the implementation plan for pollutant emission permit system control, marking the beginning of the implementation phase of China's pollutant emission permit system reform.In October 2019, the decision of the central committee of the communist party of China on several major issues concerning upholding and improving the socialist system with Chinese characteristics and promoting the modernization of the country's governance system and governance capacity, adopted at the fourth plenary session of the 19th central committee of the communist party of China (CPC), clearly stated that a regulatory system for fixed sources of pollution should be established with the pollutant discharge permit system at the core.
3. What are the regulations and documents of the ministry of environmental protection on the pollutant discharge permit system reform?
A: the interim provisions on the administration of pollutant discharge permits issued in December 2016 (repealed).On January 10, 2018, decree no. 48 of the ministry of environmental protection issued the measures for the administration of pollutant discharge permits (trial).On August 22, 2019, decree no. 7 of the ministry of ecology and environment, measures for the administration of pollutant discharge permits (trial) [revised in 2019].On December 20, 2019, decree no. 11 of the ministry of ecology and environment, catalogue of classified management of pollutant discharge permits of fixed sources (2019 edition).
4. What is comprehensive license?
Answer: comprehensive permit, it is to point to the pollutant discharge permit that discharges a unit to be in a blowdown permit concentration regulation, basically include air pollutant, water pollutant, noise and solid waste at present stage.Article 8 in accordance with relevant laws and regulations, the competent departments of ecological and environmental protection shall exercise comprehensive licensing administration over the discharge of water pollutants, air pollutants and other pollutants by pollutant discharging units.
5. What is one-card management?
Answer: one proof type management points to the environment management of the element such as atmosphere, water, solid waste namely is reflected synthetically in a license.The enterprise law - abiding, the department law - enforcing and the public supervision should also take this as the main or basic basis.The pollutant discharge license will be the only administrative license for the pollutant discharge behavior during the production and operation of enterprises and institutions and the main legal document for the supervision of the ecological environment department.The law on the discharge of water and air pollutants by enterprises and institutions requires that the discharge permits be specified.
6. Is the pollutant discharge permit to be applied or issued?
Answer: discharge discharge permits system to regard an administration as permit, according to apply for a permit, by discharge discharge unit active to the government apply for.A pollutant discharging unit shall apply for a pollutant discharging license to the municipal competent department of ecological and environmental protection divided into districts where the production and business operation site is located or to the municipal administrative examination and approval service administrations.Where there are other provisions in a local decree concerning the power of examination and approval, such provisions shall prevail.
7. How long is the discharge permit valid?
Answer: discharge discharge permit takes effect from the day that make permit decision, the discharge discharge permit that issues for the first time is valid for 3 years, extend the discharge discharge permit that changes valid period for 5 years.
8. Does the registered pollutant discharging unit need to be updated regularly?
Answer: blowdown registers form to take effect from the day that registers number.For the registered pollutant discharge units that have completed 5 years from the date of registration, the pollutant discharge license management information platform will automatically send an update reminder of the registration information.
9. What is the pollutant discharge unit commitment?
Answer: "discharge discharge permission management method (try out)" 20 discharge discharge unit is in fill discharge discharge permit in the request, should promise discharge discharge permit application material is complete, true and lawful;Commitment to discharge pollutants in accordance with the provisions of the pollutant discharge permit, the implementation of the environmental management requirements stipulated in the permit, and the legal representative or the main person in charge of the signature or seal.It mainly includes: 1. The promise is true and legal.When filling in the application, promise that the application materials are complete, true and legal.Promise to discharge pollutants in accordance with permits.Discharge pollutants in strict accordance with the provisions of the pollutant discharge permit, once the discharge behavior is found to be inconsistent with the provisions of the pollutant discharge permit, measures will be taken immediately to correct and report to the competent department of ecological and environmental protection.Iii. Commitment to standardized management.Standardize the operation, management and maintenance of pollution prevention and control facilities, carry out self-monitoring, carry out ledger records, submit implementation reports on time, disclose information in a timely manner, and be responsible for the authenticity and integrity of the submitted ledger records, monitoring data and implementation reports.
10. What is the pollution discharge permit?
Answer: blowdown permit is made up by original and copy, original carries clear basic information, copy includes basic information, register item, permit item, promise letter to wait, reflect the characteristic of industrial discharge more comprehensively.The information about the permit and management requirements in the discharge permit is only recorded in the copy of the discharge permit.Part of the basic information of the pollutant discharge unit belongs to the common record of the original and copy of the pollutant discharge permit.(1) basic information jointly recorded by the originals and duplicates: name, registered address, legal representative or actual person in charge, address of production and business operation site, industry category, unified social credit code and other basic information of pollutant discharging units;The period of validity of the pollutant discharge license, the issuing authority, the issuing date, the number of the certificate and the two-dimensional code;(2) the basic information recorded in the copy only: main production facilities, main products and production capacity, main raw and auxiliary materials, etc.;Production and discharge links, pollution prevention and control facilities, etc.;6. Approval of environmental impact assessment, total pollutant emission control index obtained, paid use and trading of pollutant discharge right, etc.;(3) licensing matters: types, concentrations and quantities of pollutants, discharge outlets, discharge modes and directions, etc.;(4) management requirements: self-monitoring, environmental management ledger, implementation report, information disclosure, etc.If the above-mentioned items change within the term of validity of the pollutant discharge permit, the pollutant discharge unit shall, within the time stipulated in the administrative measures, go through the formalities for the alteration of the pollutant discharge permit with the original approving and issuing department of environmental protection.
11. What are the main contents of the ledger records of pollutant discharging units?
Answer: 1. Operation of major production facilities related to pollutant discharge;If an abnormal situation occurs, the cause and the measures taken shall be recorded.2. Operation and management information of pollution prevention and control facilities;If an abnormal situation occurs, the cause and the measures taken shall be recorded.Actual discharge concentration and discharge amount of pollutants;In case of excessive discharge, the reasons for the excessive discharge and the measures taken shall be recorded;Other information that should be recorded in accordance with relevant technical specifications.
12. How long is the retention period of ledger records?
Answer: the electronic ledger and the paper ledger should be kept at the same time, and the storage period should not be less than three years
13. How to calculate the actual discharge of pollutants?
Answer: the discharge of waste gas, waste water outlet that sets according to blowdown permit, production facility or workshop calculates respectively, according to the following method and ordinal computation: 1, lawfully installed and used accord with national regulation and monitor standard pollutant 7 automatic monitor equipment, calculate according to pollutant automatic monitor data;Where there is no need to install automatic monitoring equipment for pollutants according to law, the manual monitoring data of pollutants conforming to the state regulations and monitoring standards shall be calculated;3. For those who cannot be calculated according to the method prescribed in the first and second paragraphs of this article, including those who should be installed according to law but do not install the automatic monitoring equipment for pollutants or those who are not in conformity with the provisions, the calculation shall be made according to the production and emission coefficient and material balance method prescribed by the ministry of ecological and environmental protection;Fourth, according to the industry technical specifications or general provisions of the actual emissions calculation method to calculate.
14. What are the quarterly and monthly performance reports?
Answer: discharge discharge unit ought to be applied for according to discharge discharge permit and the requirement that the document such as technical specification of technical specification that issue issue sets about implementation report content and frequency, compile discharge discharge permit implementation report.The pollutant discharging unit shall fill in and submit the annual implementation report of the pollutant discharging license on the national pollutant discharging license management information platform every year and make it public, and at the same time submit the written implementation report printed on the national pollutant discharging license management information platform to the department of environmental protection for approval and issuance.The quarterly and monthly performance reports shall include at least the following contents: 1. The actual discharge concentration and discharge amount of pollutants and the determination and analysis of the standards shall be explained based on the self-monitoring results; 2.2. Description of abnormal discharge of pollutant discharging units or pollution prevention and control facilities.
15. What does the annual performance report include?
Answer: annual executive report can replace when quarterly or monthly executive report 8 report, add the following content: 1, discharge discharge unit basic production information;2. Operation of pollution prevention and control facilities;3. Monitoring the implementation by themselves;Iv. Implementation of environmental management ledger records;V. information disclosure;Vi. Construction and operation of the internal environmental management system of the pollutant discharging unit;Implementation of other contents stipulated in the pollutant discharge permit.The main contents related to pollutant discharge in the environmental protection acceptance report for the completion of a construction project shall be recorded by the pollutant discharging unit in the annual implementation report of the pollutant discharge permit for the year when the project acceptance is completed.
16, the implementation of the pollutant discharge permit system, the pollutant discharge unit mainly bear what responsibility?
Answer: basically it is the legal responsibility that does not have card blowdown, the legal responsibility that violates certificate blowdown, the legal responsibility that does not fulfil the obligation of information disclosure, violate the legal responsibility that monitors by oneself.Units that discharge pollutants must carry out the discharge of pollutants in accordance with the permit and must not discharge pollutants without the permit.Enterprises and institutions shall apply for pollutant discharge permits in a timely manner, assume legal responsibilities for the authenticity, accuracy and completeness of the application materials, and promise to discharge pollutants in accordance with the provisions of the permit and strictly implement them.To implement pollutant emission control measures and other environmental management requirements to ensure that pollutant emission types, concentrations and emissions meet the licensing requirements;Make clear the environmental protection responsibility of the person in charge of the unit and relevant personnel, and accept supervision and inspection consciously.Units should be carried out in accordance with the law on its own monitoring, install or use the monitoring equipment shall comply with relevant state regulations on environmental monitoring and measurement certification and technical specification, ensure the data is valid, ensure the normal operation of equipment, keep the original records, establish a complete environmental management parameter accurately, installation of on-line monitoring equipment should be connected with environmental protection departments.Enterprises and institutions shall faithfully report the implementation of pollutant discharge permits to the environmental protection departments, disclose pollutant discharge data to the public according to law and be responsible for the authenticity of the data.If the discharge situation is inconsistent with the requirements of the discharge permit, it shall be reported to the environmental protection department in a timely manner.
17. To whom shall a pollutant discharging unit belonging to the same legal entity or other organization located in different production and business operation sites apply?
Answer: ought to be in the name of the legal person unit that blowdown unit belongs to or other organization, the department in charge of environmental protection that has authority to issue to production business place place has check and verify respectively or administration examines and approves service management bureau to apply for blowdown permit.
18, by the pollutant discharge unit declaration, and what are the registered items recorded in the copy?
Answer: 1. Main production facilities, main products and production capacity, main raw and auxiliary materials, etc.Production and sewage links, pollution prevention and control facilities, etc.;3. Opinions on the examination and approval of environmental impact assessment, the total emission control index of key pollutants to be decomposed and implemented into the unit in accordance with the law, the paid use and trading records of pollutant discharge rights, etc.
19. What are the matters stipulated in the copy of the pollutant discharge permit after the application by the pollutant discharge unit and the examination and verification by the environmental protection department?
Answer: 1. The location and quantity of the outlet, the way of pollutant discharge and the direction of pollutant discharge, and the location and quantity of the unorganized emission source of atmospheric pollutants;2. Types of pollutants discharged from outlets and unorganized emission sources, permitted emission concentration and permitted emission amount;(3) environmental management requirements to be complied with after the discharge permit is obtained;Other licensing matters stipulated by laws and regulations.
20, the application unit conceals or provides false materials, the nuclear issue environmental protection department did not find out and issued the license, responsibility in who?
Answer: responsibility is in blowdown unit.The commitment is made by the pollutant discharging unit. It is the responsibility and obligation of the pollutant discharging unit to provide complete, true and legal application materials.
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