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Regulations of Hangzhou Municipality on the Administration of Pollutant Discharge Permit

chapter I general provisions article 1 these regulations are formulated in accordance with the law of the people's Republic of China on the prevention and control of air pollution, the detailed rules for the implementation of the law of the people's Republic of China on the prevention and control of water pollution, and other laws and regulations in light of the actual situation of this municipality, in order to strengthen the supervision and management of pollutant discharge, standardize pollutant discharge licensing behavior, prevent and control environmental pollution and improve environmental quality. Article 2 This Municipality implements a pollutant discharge permit system.

Any unit that directly or indirectly discharges pollutants into the environment within the administrative area of this Municipality (hereinafter referred to as polluters) shall apply for a pollutant discharge permit in accordance with the provisions of these Regulations:

(1) Discharging air pollutants of the types specified by the state to the environment;

(2) discharging water pollutants of the types specified by the state into the environment.

these regulations are not applicable to the discharge of pollutants from farming and non-intensive aquaculture, the non-concentrated discharge of pollutants from residents' daily life to the environment, and the discharge of pollutants from mobile pollution sources such as motor vehicles, trains, airplanes and ships. Article 3 No pollutant shall be discharged without obtaining the pollutant discharge permit; Those who have obtained the pollutant discharge permit shall discharge pollutants in accordance with the pollutant types, control indicators and prescribed ways approved by the pollutant discharge permit, and shall not exceed the national and local discharge standards. Article 4 The municipal environmental protection administrative department shall exercise unified supervision and management over the pollutant discharge permit of the whole city.

Xiaoshan district, yuhang district and county (city) environmental protection administrative departments [hereinafter referred to as district and county (city) environmental protection administrative departments] are responsible for the supervision and management of pollutant discharge permits within their respective administrative areas.

The relevant administrative departments of development and reform, planning, land, industry and commerce, health, urban management and law enforcement, water conservancy, public security and municipal facilities shall, according to their respective functions and duties, cooperate in the implementation of these Regulations. Article 5 The municipal administrative department of environmental protection shall, according to the environmental protection objectives set by the Municipal People's Government, and in combination with the environmental quality status and changing trend of this Municipality and the social, economic and technical conditions, formulate a plan to implement pollutant discharge permit by stages and make an announcement to the public. Article 6 This Municipality shall control the total amount of major pollutants discharged by key polluters, and the municipal environmental protection administrative department shall determine the total amount of major pollutants discharged by key polluters according to the total amount control plan and quota implementation plan issued by the Municipal People's Government; Control the concentration of major pollutants for other polluters.

the list of key polluters shall be determined by the competent administrative department of environmental protection of the city, district and county (city) according to the prescribed authority and announced to the public. Article 7 This Municipality shall, according to the regional environmental capacity and the total emission control targets of major pollutants, implement the trading system of major pollutant emission rights on the premise of ensuring the environmental quality to meet the requirements of functional areas, and the specific measures shall be formulated by the Municipal People's Government. Chapter II Implementation of Pollutant Discharge Permit Article 8 The pollutant discharge permit shall be issued by the administrative department of environmental protection of the region and county (city) where the construction project is located according to law, among which the pollutant discharge permit of the polluter directly under the municipal government shall be issued by the administrative department of environmental protection of the city according to law.

the list of polluters directly under the municipal government shall be determined and published by the municipal environmental protection administrative department. Article 9 To apply for a pollutant discharge permit, a polluter shall meet the following conditions:

(1) The environmental impact assessment document of a construction project has been approved or re-examined by the competent administrative department of environmental protection;

(2) It has passed the completion acceptance of the environmental protection facilities of the construction project (except the trial production project);

(3) key polluters have emergency plans for pollution accidents and are equipped with corresponding facilities and equipment;

(4) industrial production polluters shall set up standardized sewage outlets in accordance with the provisions of the administrative department of environmental protection of the State Council;

(5) Other conditions stipulated by laws, regulations and rules.

when applying for a pollutant discharge permit, a polluter shall submit relevant materials proving the conditions specified in the preceding paragraph in accordance with the provisions of the municipal environmental protection administrative department. Tenth polluters should apply for pollutant discharge permit before the construction project is put into production. Article 11 The competent administrative department of environmental protection shall make a written decision within 21 days from the date of accepting the application for pollutant discharge permit. If a decision cannot be made within twenty days, it may be extended for ten days with the approval of the person in charge of the administrative organ, and the applicant shall be informed of the reasons for the extension.

if the competent administrative department of environmental protection makes a decision on granting a pollutant discharge permit to an eligible applicant, it shall issue a pollutant discharge permit to the applicant within 11 days from the date of making the decision.

if the competent administrative department of environmental protection decides not to grant permission for pollutant discharge to unqualified applicants, it shall explain the reasons and inform the applicants that they have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law. Twelfth pollutant discharge permit is valid for a maximum of five years.

The pollutant discharge permit for polluters located in environmentally sensitive areas shall be valid for no more than one year; The period of validity of the pollutant discharge permit is the same as that of the trial production period or the deadline for treatment, but the longest period is not more than one year. Thirteenth pollutant discharge permit shall specify the types, concentrations, quantities, discharge locations, discharge methods, discharge time and discharge destination of pollutants. The pollutant discharge permit of key polluters shall also specify the total emission control index, reduction quantity and time limit of major pollutants.

the format of pollutant discharge permit and the items to be specified shall be uniformly stipulated by the municipal environmental protection administrative department.