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Xiamen City Environmental Protection Regulations Chapter III Environmental Protection Management of Construction Projects

Article XVII of the environment may have an impact on the new construction, expansion, alteration of construction projects, shall, in accordance with law, the environmental impact assessment document shall be reported to the competent administrative department of environmental protection for approval. The approval of the marine environmental impact report of marine engineering construction projects shall be handled in accordance with the provisions of the Marine Environmental Protection Law of the People's Republic of China*** and the State.

The approval department of the environmental impact assessment documents shall, respectively, from the date of receipt of the environmental impact report, environmental impact report form, environmental impact registration form within fifteen days, ten days, five days, make a decision on the approval and written notice to the construction unit. May cause significant environmental impact and special circumstances of the environmental impact assessment documents, approved by the municipal people's government may extend the approval period within the time limit prescribed by law, the approval department shall notify the construction unit in writing.

Construction project environmental impact assessment documents without the examination of the approval department as prescribed by law or after examination is not approved, the approval department of the construction project shall not be approved for its construction, the construction unit shall not start construction.

In the construction and operation of the project does not meet the approved environmental impact assessment documents, the construction unit shall organize the environmental impact assessment, take improvement measures, and report to the original environmental impact assessment documents for the record of the approval of the department and the approval of the construction project department; the original environmental impact assessment documents approval department can also be instructed to the construction unit to carry out the environmental impact of the post-evaluation, to take improvement measures.

Article 18 The environmental impact assessment of construction projects shall avoid duplication with the environmental impact assessment of planning.

Planning as an overall construction project shall be evaluated for its environmental impact in accordance with the construction project, and the environmental impact evaluation of planning shall not be carried out.

The specific construction project included in the plan that has already carried out the environmental impact assessment and the expansion project with the same production process, the environmental impact assessment of the construction unit can be simplified.

For development zones where regional environmental impact assessment has been carried out and the environmental impact report has been approved by the competent administrative department for environmental protection, the environmental impact assessment content can be simplified if the construction project in the zone meets the requirements of the overall planning of the development zone.

Article 19 The environmental protection facilities that need to be constructed in support of a construction project must be designed, constructed and put into operation at the same time as the main project.

Environmental protection facilities for the completion of acceptance, should be carried out at the same time as the completion of the main project acceptance. Need to carry out trial production of construction projects, should be reported to the administrative department of environmental protection for the record before trial production. Construction units should be put into trial production in the construction project within three months from the date of the original environmental impact assessment documents to the approval department to declare the completion of environmental protection facilities acceptance, and accompanied by the construction project environmental protection facilities completion acceptance documents, by the competent administrative department of environmental protection acceptance and sewage discharge license, the construction project can be formally put into operation after use or operation.

The original environmental impact assessment document approval department shall complete the acceptance of environmental protection facilities within twenty days from the date of receipt of the completion of the acceptance document.

Article 20 of the approval of the environmental impact assessment of construction projects and its approval of the approval of the department's approval of the construction process of environmental protection countermeasures, the construction unit shall be expressly announced, the construction unit shall be strictly implemented. If the construction unit refuses to implement the measures, it may be ordered by the original environmental impact assessment document approval department to stop the construction, or to organize other units to implement the measures on its behalf, and the required costs shall be borne by the construction unit. The construction unit refuses to bear the required costs, by the organization on behalf of the implementation of the administrative department ordered to pay, the construction unit is still not paid, by the organization on behalf of the implementation of the administrative department shall apply to the people's court for compulsory execution.

Article 21 In addition to state regulations require confidentiality of the situation, the environment may cause a significant impact on the environment, should prepare an environmental impact report of the construction project, the construction unit shall, before submitting for approval of the environmental impact assessment documents of the construction project, issue a public notice, and hold hearings, hearings, or take the form of a written solicitation of opinions, and other forms of consultation with the relevant units, experts and the public. Construction projects directly related to the public's environmental rights and interests, the construction unit shall, before submitting for approval the environmental impact assessment documents for construction projects, issue public notices, and hold discussions and hearings.

Construction unit for approval of the environmental impact assessment documents should be attached to the relevant units, experts and the public's views on the adoption or non-adoption of the description.

Article 22 prohibits the establishment of small electroplating factories, small paper mills, small tanneries, small smelters, small cement factories, small dyeing and finishing factories, small oil refineries and other seriously polluting enterprises or production facilities that have been expressly banned by the state and provincial and municipal people's governments.

Prohibit the use of state-ordered elimination of seriously polluting backward production processes and equipment for production and operation. Article 23 encourages polluters to increase investment, improve the treatment capacity of pollutants, reduce pollutant emissions. Qualified, to give support and incentives, the specific measures to be formulated by the municipal people's government.

Article 24 of the implementation of sewage licensing system. The discharger shall discharge pollutants in accordance with the type, quantity, concentration or intensity of pollutants approved by the sewage license and the discharge of pollutants. Without a sewage discharge permit or sewage discharge permit expires, the discharger shall not discharge.

The discharger shall, in accordance with the law, to the competent administrative department of environmental protection to truthfully declare and register the type, quantity, concentration or intensity of pollutants discharged, and provide relevant information. Pollutant discharge type, quantity, concentration or intensity of major changes or pollutant discharge method, direction change, the discharger shall be changed fifteen days before the change or within three days after the emergency change to the competent administrative department of environmental protection to declare changes in registration.

Article 25 of the pollutants discharged in excess of the pollutant discharge standards or the total amount of control targets, the competent administrative department of environmental protection shall order a limited period of time, and may limit the pollutant discharged by the discharger's operating hours and pollutant discharge time, emissions, and discharge methods.

Article 26 The discharger shall pay sewage charges in accordance with the law, sewage charges are collected by the municipal environmental protection administrative department in the district branch. Dischargers of pollutants discharged types, quantities, concentrations or intensity of significant changes in the discharge of pollutants and pollutants discharged in the way, the direction of change without declaring changes in registration, in accordance with the administrative department of environmental protection of the original approval of the pollutants discharged or the actual sampling to the types, quantities, concentrations or intensity of emissions to pay sewage charges, the approval of the sampling to the validity of the data for a maximum period of not more than one year. Sewage charges are used exclusively for the prevention and control of environmental pollution.

The use of tap water (including raw water) discharges sewage, pay sewage charges; sewage discharges from their own water sources do not pay sewage charges, shall pay sewage charges. Excessive discharge, in accordance with the law in accordance with the type and quantity of pollutants doubled to pay sewage charges.

Article 27 The sewage discharger shall, in accordance with the provisions of the construction of sampling and flow measurement conditions, in line with the technical specifications of the outfall. The discharger shall not discharge pollutants through other means than the outfall. Sewage discharged by the sewage discharger shall implement the rainwater sewage diversion, shall not discharge pollutants into the storm water network.

The key sewage disposal units shall install automatic pollution source monitoring system and network with the monitoring system of the administrative department in charge of environmental protection.

The outfall and its signs, outfall sampling and flow measurement facilities, automatic monitoring system of pollution sources shall not be changed without the written consent of the administrative department in charge of environmental protection.

Article 28 of the sewage dischargers shall maintain the normal use of pollution prevention and control facilities and truthfully record the use of the situation.

Due to maintenance, update the need to idle, dismantle the pollution prevention and control facilities, the discharger shall obtain the prior written consent of the competent administrative department of environmental protection, and take appropriate pollution prevention and control measures.

Pollution prevention and control facilities due to failure can not operate normally, the discharger shall immediately take measures to stop the discharge of pollutants, and within twenty-four hours to report to the competent administrative department of environmental protection.

Article 29 The discharger shall accept the competent administrative department of environmental protection or its commissioned environmental monitoring organization on-site inspection, truthfully reflect the situation, and provide products related to sewage, production processes, raw and auxiliary materials consumption and other necessary information.

The inspectors shall show the relevant documents during the inspection, and keep commercial secrets for the inspected objects.

Article 30 The construction unit shall set up enclosure facilities around the construction site and implement closed or isolated construction to prevent dust pollution.

Demolition of buildings or structures, loading and unloading operations, cleaning up construction debris, sweeping the construction site, as well as other construction that may generate dust pollution, the construction unit shall take effective dust control measures such as sprinkling, spraying, covering, isolation.

Construction waste soil storage should be closed, covered and other effective dust control measures.

Construction, transportation vehicles out of the site, before the mine should be washed to prevent dust pollution.

Article 31 is engaged in transportation, loading and unloading, outdoor processing may produce dust pollution, shall take sealing, spraying or other effective protective measures.

Article 32 of the Xiamen Island and other urban built-up areas of the catering industry stoves and unit cafeteria stoves shall not use coal, oil, wood and other highly polluting fuels.

It is prohibited to burn garbage and other wastes in the Xiamen Island and other urban built-up areas, as well as in the areas provided for by laws and regulations; it is prohibited to burn garbage and other wastes in the open air that produce toxic and harmful gases, dust and malodorous gases.

Article 33 In Xiamen Island and other urban built-up areas engaged in open-air barbecue, must be carried out in the municipal environmental protection administrative department of the location of the provisions of the city, and have the conditions of pollution prevention and control facilities.

Article 34 The old city renovation and development of new areas should be based on the need to plan and build a centralized business area for catering, catering is allowed to engage in catering buildings should be set up special flue catering.

Article 35 It is prohibited to set up new catering and unit canteen projects that may produce oil smoke and noise pollution in the following locations:

(1) residential buildings;

(2) buildings within ten meters from residential buildings;

(3) buildings that have not set up special flues for catering;

(4) floors of commercial/residential complexes that are adjacent to the residential floors ;

(v) other locations where the Municipal People's Government expressly prohibits the establishment of catering and unit cafeterias.

Article 36 The operation of catering projects that may generate fumes and noise pollution, the operator shall make a public announcement in advance and consult in writing with the surrounding units and residents who may be affected, and then report to the competent administrative department for environmental protection for approval of the environmental impact assessment document, the administrative department for health for the issuance of health permits, and the administrative department for industry and commerce for the issuance of business licenses before the operator can operate. The third is that the operator can only operate if the business license is issued by the administration for industry and commerce.

Article 37 The operation of the catering industry and unit canteens that may produce oil smoke and noise pollution shall comply with the following provisions:

(1) Setting up of oil smoke purification devices, and the oil smoke shall not be discharged into the downpipe;

(2) Setting up of special flue for catering industry, and the height and position of the discharge outlet of the special flue shall not affect the living and working environment of the residents in the vicinity;

(3) Compliance with the regulations regarding noise emission and vibration emission. (C) noise and vibration emissions in line with the prescribed standards;

(D) set up oil-water separation facilities, sewage is discharged into the sewage network after grease separation treatment, and waste oil and grease is disposed of by qualified units;

(E) grease purification devices and oil-water separation facilities, should be self-maintained and to ensure that it operates normally, to achieve emission standards; unable to self-maintain, resulting in the emission of pollutants exceeding the standards, should be Commissioned by the pollution management professional operating units for contractual maintenance and operation;

(F) slop waste, should be equipped with microbial organic waste treatment devices for self-treatment or commissioned by the pollution management professional operating units for contractual management, to achieve discharge standards.

Article 38 exhaust pollution exceeding the prescribed emission standards of motor vehicles shall not be driven in the city.

In-use motor vehicles by visual emission of black smoke, it can be recognized that the vehicle exhaust pollution exceeds the national emission standards. Environmental protection administrative department or public security traffic management department of law enforcement officers in the determination should be done accordingly to obtain evidence.

Motor vehicle drivers, vehicle owners shall not refuse the administrative department in charge of environmental protection, public security and traffic management departments of the motor vehicle exhaust condition testing, random testing.

Article 39 of the regular inspection of motor vehicles as well as the transfer of registration, must be tested by motor vehicle exhaust. Motor vehicle exhaust pollution exceeds the standard, the public security traffic management department shall not handle the issuance of license plates, the issuance of inspection marks, for transfer of registration and other procedures.

Engaged in motor vehicle exhaust testing organizations, should be strictly in accordance with national standards and methods for testing, and bear legal responsibility for the test results.

The municipal people's government shall organize the development of motor vehicle exhaust pollution prevention and control planning, the implementation of the deadline for remediation, the establishment of motor vehicle exhaust pollution prevention and control system. Quality and technical supervision, environmental protection, public security and transportation and other administrative departments shall perform their respective duties in accordance with the law, to strengthen the motor vehicle exhaust testing supervision and inspection.

Article 40 prohibits 12:00 to 14:30, 22:00 to 6:00 the next day in the convalescent area, residential areas, cultural and educational areas engaged in noise, vibration exceeding the standard activities. Building construction due to special circumstances do need to exceed the noise and vibration emissions during the preceding time period, shall be reported in advance to the administrative department for environmental protection approval, and the discharger three days in advance to inform the units and residents who may be affected.

In the fifteen days before and during the college entrance examination period, activities that generate noise and vibration exceeding the standard shall not be carried out in residential areas, cultural and educational areas, and mixed residential, commercial and industrial areas. During the examination period within one hundred meters around the examination room in accordance with the residential, cultural and educational areas of Class I noise and vibration emission standards.

Article 41 The renovation of old cities and the development of new areas shall be based on the need to plan and build hardware processing, building materials processing, automobile repair and service, scrap recycling and other industries that may affect the living environment centralized business premises. Prohibit the establishment of new commercial and residential buildings may produce noise, vibration exceeding the hardware processing, building materials processing, automobile repair and service, entertainment industry and may affect the living environment of the waste recycling and other projects.

It is prohibited to engage in production and business activities that generate noise and vibration in residential buildings (including the residential part of commercial and residential buildings).

In residential buildings that have been completed and delivered for use, it is prohibited to engage in indoor renovation activities that generate noise and vibration from 12:00 a.m. to 14:30 p.m. and from 18:00 p.m. to 8:00 p.m. on the following day.

Article 42 It is not permitted to use high-pitched broadcasting loudspeakers or other methods of emitting high noise to promote goods and solicit customers in commercial business activities. Radio loudspeakers may not be used in residential areas and cultural and educational areas to call for the purchase and sale of goods.

In restaurants, entertainment and other public **** places shall not be engaged in noise exceeding the standard, disturbing the life of the surrounding residents to rest.

In the city downtown streets, squares, parks and other public **** place to organize entertainment, assembly and other activities, the use of sound equipment shall not interfere with the living environment of the surrounding residents.

The use of household appliances, musical instruments or other family indoor recreational activities, should control the volume or take other effective measures to prevent noise pollution to the surrounding residents.

Article 43 of the implementation of urban waste collection, centralized treatment and comprehensive utilization.

Hotels, restaurants, entertainment, trade and other service industries shall take effective measures to reduce the generation of urban living garbage, and timely removal to prevent pollution.

Article 44 to strengthen the generation of hazardous waste, collection, storage, transportation, disposal of the whole process of monitoring and management, and strict implementation of hazardous waste business license system.

The transfer of hazardous wastes in the administrative areas of the city shall implement the transfer of the single system. Collection, storage, transportation of hazardous wastes shall not be spilled, discarded, disposal of hazardous wastes must meet the prescribed requirements. Without the approval of the competent administrative department of environmental protection, shall not be outside the jurisdiction of the hazardous waste into the administrative region of the city for storage and disposal.

Article 45 may occur pollution accidents in the unit shall formulate emergency treatment program, take effective preventive measures. Major pollution accidents may occur in the unit, its prevention and emergency treatment program shall be reported to the municipal environmental protection administrative department for the record.

Article 46 enterprises and institutions must be relocated due to environmental functions and industrial restructuring, the relevant departments shall be supported in investment, credit, land use, supply of energy and materials and taxes.