Contents
Chapter I General Provisions
Chapter II Supervision and Management
Chapter III On-site Supervision and Inspection
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Provisions
Article I In order to strengthen the on-site supervision and inspection of the automatic monitoring facilities of pollution sources, to ensure their normal operation, to ensure that automatic monitoring data are true, reliable and effective, in accordance with the provisions of the Ordinance. In order to strengthen the on-site supervision and inspection of pollution source automatic monitoring facilities, ensure their normal operation, and guarantee the truthfulness, reliability and validity of the automatic monitoring data, these measures are formulated in accordance with the relevant laws and regulations such as the Law of the People's Republic of China on Prevention and Control of Water Pollution and the Law of the People's Republic of China on Prevention and Control of Atmospheric Pollution.
Second The automatic monitoring facilities of pollution sources referred to in these measures, refers to the pollution sources installed at the site for monitoring, monitoring of pollutant discharges of online automatic monitors, flow (speed) meter, pollution control facilities operation recorder and data collection and transmission instruments, meters, sensors and other facilities, is an integral part of the pollution prevention and control facilities.
Article 3 These measures shall apply to the competent authorities of environmental protection at all levels for on-site supervision and inspection of pollution source automatic monitoring facilities.
Article 4 The on-site supervision and inspection of pollution source automatic monitoring facilities shall be carried out by the competent departments for environmental protection at all levels or the organizations entrusted by them to exercise on-site supervision and inspection (hereinafter collectively referred to as the supervisory and inspection agencies).
The division of authority between the competent environmental protection authorities below the provincial level for the supervision and management of pollution source automatic monitoring facilities and on-site supervision and inspection shall be determined by the competent provincial environmental protection authorities.
Article 5 The implementation of on-site supervision and inspection of automatic monitoring facilities of pollution sources shall be combined with on-site inspection of other pollution prevention and control facilities, and shall comply with relevant state laws and regulations, standards, technical specifications, and provisions of the competent department of environmental protection.
Article 6 The producers and sellers of automatic pollution source monitoring facilities shall ensure that their production and sale of automatic pollution source monitoring facilities comply with the standards set by the state.
The emission unit to run its own pollution source automatic monitoring facilities, shall ensure its normal operation. By obtaining environmental pollution control facilities operation qualification unit (hereinafter referred to as the operating unit) to run the pollution source automatic monitoring facilities, sewage units should cooperate and supervise the operation of the normal operation of the operating unit; the operating unit shall ensure that the pollution source automatic monitoring facilities normal operation.
The producers and sellers of pollution source automatic monitoring facilities, as well as sewage units and operating units should accept and cooperate with the supervision and inspection agencies on-site supervision and inspection, and provide relevant technical information as required. Supervision and inspection agencies are obliged to be inspected units to conserve commercial secrets obtained in the inspection.
Chapter II Supervision and Management
Article 7 After the completion of the automatic pollution source monitoring facilities, the organization of the construction of the unit shall promptly organize acceptance. After acceptance, the pollution source automatic monitoring facilities can be put into use.
Sewage units or other pollution sources of automatic monitoring facilities ownership units, should be in the pollution sources of automatic monitoring facilities within five working days after acceptance, the pollution sources of automatic monitoring facilities to the supervisory and inspection agencies with jurisdiction to register for the record.
Pollution source automatic monitoring facilities of the main equipment or core components replacement, sampling location or major equipment installation location of major changes should be re-organized acceptance. Emission units or other pollution source automatic monitoring facilities ownership units should be re-acceptance within five working days after passing the supervision and inspection agencies with jurisdiction to change the registration record.
Supervision and inspection agencies with jurisdiction should be registered on the pollution source automatic monitoring facilities registration matters in a timely manner, as the basis for on-site supervision and inspection.
Article VIII of the pollution source automatic monitoring facilities need to be removed or shut down, the sewage unit or the operating unit should be reported to the supervisory and inspection agencies with jurisdiction in advance, the supervisory and inspection agencies with jurisdiction to agree before implementation. Upon receipt of the report, the supervisory and inspection agency with jurisdiction may organize on-site verification and make a decision within five working days after receipt of the report; if the decision is not made after the deadline, it shall be deemed to be agreed.
Pollution sources of automatic monitoring facilities failures can not be used normally, the sewage unit or operating unit should be within twelve hours after the failure to report to the supervisory and inspection agencies with jurisdiction, and timely overhaul, to ensure that within five working days to resume normal operation. During the shutdown period, the sewage unit or operating unit shall, in accordance with the relevant provisions and technical specifications, using manual monitoring and other means to monitor the status of pollutant emissions, and report monitoring data.
Article IX of the lower level of environmental protection department shall quarterly report to the upper level of environmental protection department to report on-site supervision and inspection of pollution source automatic monitoring facilities. Provincial environmental protection departments shall be January 30 each year to the Ministry of Environmental Protection to submit the previous year's report on the work of on-site supervision and inspection of pollution sources automatic monitoring facilities in the administrative region.
Article X. The report on the on-site supervision and inspection of pollution source automatic monitoring facilities shall include the following contents:
(1) the overall operation of the pollution source automatic monitoring facilities within the jurisdiction, problems and suggestions;
(2) violations of law relating to the pollution source automatic monitoring facilities within the jurisdiction and its investigation and handling and typical cases;
(3) pollution source Automatic monitoring facilities producers, sellers and operating units in the jurisdiction of the quality of service assessment.
Article 11 of the higher environmental protection authorities shall regularly organize the lower environmental protection authorities within the jurisdiction of the monitoring and inspection of pollution sources of automatic monitoring facilities on-site supervision and implementation of the special assessment.
Article XII of the pollution source automatic monitoring facilities on-site supervision and inspection of the situation shall be made public in accordance with the law.
Chapter III On-site Supervision and Inspection
Article XIII of the pollution source automatic monitoring facilities for on-site supervision and inspection, shall focus on checking the following:
(a) the emission outlet standardization;
(b) the pollution source automatic monitoring facilities for the construction of the site end of the standardized situation;
(c) the pollution source automatic monitoring facilities to change the situation;
(d) the operation of pollution source automatic monitoring facilities;
(e) the operation, maintenance, overhaul, calibration and verification records of pollution source automatic monitoring facilities;
(f) the validity of relevant qualifications, certificates and logos;
(g) the correlation between the production conditions of the enterprise, the operation of pollution control facilities and the automatic monitoring data.
Article 14 The on-site supervision and inspection of pollution source automatic monitoring facilities is divided into routine inspection and key inspection.
Supervision and inspection agencies shall monitor pollution sources automatic monitoring facilities on a regular basis for routine inspection. The state key monitoring enterprise pollution source automatic monitoring facilities for routine inspection at least once a month; other enterprises pollution source automatic monitoring facilities for routine inspection at least once a quarter.
The supervision and inspection agency shall conduct key inspections of enterprises suspected of improper operation, use of automatic pollution source monitoring facilities or falsification and other violations. Focused inspection can invite relevant departments and experts to participate.
Implementation of pollution source automatic monitoring facilities routine inspection or key inspection, according to the situation, prior notice to the inspected unit, or no prior notice.
Article 15 On-site Supervision and Inspection of Automatic Monitoring Facilities of Pollution Sources shall be conducted in accordance with the following procedures:
(1) Preparation before inspection, including registration and filing of automatic monitoring facilities of pollution sources, pollutant emissions and pollution prevention and control of the relevant circumstances, and equipping of equipment for on-site inspections;
(2) Conducting on-site supervisory inspections;
(3) Finding that If the operation is normal, end the on-site supervision and inspection;
(iv) if it is suspected of abnormal operation, use or falsification and other illegal acts, carry out key inspection;
(v) if it is determined that there is an illegal act after the key inspection, impose penalties in accordance with the law.
The results of on-site supervision and inspection of pollution source automatic monitoring facilities, should be timely feedback to the inspected unit.
Article XVI of the on-site supervision and inspection shall be in accordance with the requirements of the relevant technical specifications to fill in the on-site supervision and inspection form, make on-site supervision and inspection transcripts.
On-site supervision and inspection personnel to carry out on-site supervision and inspection of pollution source automatic monitoring facilities, the following measures can be taken:
(a) to take pictures, audio, video, instrument calibration or copy documents, data and other ways to save the on-site inspection information;
(b) the use of rapid monitoring instrument sampling and monitoring. If necessary, by the environmental monitoring organization for supervisory monitoring or comparative monitoring and issue monitoring results;
(c) require the sewage unit or operating unit of the pollution source automatic monitoring facilities hardware, software, technical testing;
(d) sealing of relevant samples, reagents and other substances, and sent to the relevant departments or agencies for testing.
Chapter IV Legal Liability
Article XVII of the sewage disposal unit or other pollution source automatic monitoring facilities ownership unit, not in accordance with the provisions of Article 7 of these Measures to the supervisory and inspection agencies with jurisdiction to register its pollution source automatic monitoring facilities related to the situation, or registration of the situation is untrue, in accordance with the "Chinese People's Republic of China * * * and the State of Water Pollution Prevention and Control Act", Article 72, paragraph 1) Or "Chinese People's *** and State Air Pollution Prevention and Control Law" Article 46 (1) of the provisions of the penalty.
Article 18 If a sewage disposal unit or an operating unit commits any of the following acts, it shall be punished in accordance with Article 70 of the "Chinese People's **** and State Water Pollution Prevention and Control Law" or Article 46(2) of the "Chinese People's **** and State Air Pollution Prevention and Control Law":
(1) adopting such means as prohibiting entry, delaying time, etc., to hinder the on-site supervisory and inspection personnel from entering the site to inspect the automatic monitoring facilities of pollution sources;
(ii) not cooperating with on-site tests such as instrument calibration;
(iii) not providing relevant technical information and operation records as required;
(iv) not answering on-site supervisory and inspection personnel's inquiries truthfully.
Article 19 The sewage disposal unit or operating unit without authorization to remove, idle pollution source automatic monitoring facilities, or one of the following acts, in accordance with the "People's Republic of China *** and the State Law on Prevention and Control of Water Pollution", Article 73 or "People's Republic of China *** and the State Law on Prevention and Control of Air Pollution", Article 46 (3) of the provisions of the penalties:
(1) without the consent of the competent department for environmental protection (A) without the consent of the competent department of environmental protection, part or all of the automatic monitoring facilities of pollution sources stop operation;
(B) the automatic monitoring facilities of pollution sources failures can not operate normally, do not report in accordance with the provisions of the report and do not promptly repair and restore normal operation;
(C) not in accordance with the technical specifications for operation, resulting in the automatic monitoring of pollution sources of data obviously distorted;
(D) not in accordance with the technical specifications for operation, resulting in the transmission of the automatic monitoring data of pollution sources;
(D) not in accordance with the technical specifications for operation (d) not in accordance with the technical specifications of the operation, resulting in the transmission of pollution sources of automatic monitoring data is obviously inconsistent;
(e) not in accordance with the technical specifications of the operation, resulting in the production conditions of sewage units, pollution control facilities and automatic monitoring data correlation anomalies;
(f) unauthorized changes in the pollution sources of automatic monitoring system related parameters and data;
(g) the automatic monitoring of pollution sources of data not through the Validity audit or validity audit failure;
(h) other man-made causes of pollution sources of automatic monitoring facilities are not operating normally.
Article 20 If a sewage disposal unit or an operating unit commits any of the following acts, it shall be punished in accordance with Article 70 of the "Chinese People's **** and the State Water Pollution Prevention and Control Law" or Article 46(2) of the "Chinese People's **** and the State Air Pollution Prevention and Control Law":
(1) Discharging part or all of the pollutants without going through the regulated emission outlets to circumvent the automatic monitoring and control facilities of the pollution sources. Facility monitoring;
(ii) violation of technical specifications, through dilution, adsorption, absorption, filtration and other ways to deal with monitoring samples;
(iii) not in accordance with the requirements of the technical specifications of the instrument, reagent changes in the operation of the instrument;
(iv) violation of the requirements of the technical specifications of the automatic monitoring system function of the source of pollution, deletion, modification, addition, interference, causing Pollution source automatic monitoring system can not run normally, or automatic monitoring system of pollution sources in the storage, processing or transmission of data and applications for deletion, modification, addition of the operation;
(e) other on-site supervision and inspection personnel to deceive, to cover up the true state of sewage behavior.
Article 21 The emissions of pollutants from the sewage disposal unit exceeds the national or local pollutant emission standards, or exceeds the total key pollutant emission control targets, in accordance with the "People's Republic of China *** and the State Law on Prevention and Control of Water Pollution," Article 74, or "People's Republic of China *** and the State Law on Prevention and Control of Atmospheric Pollution," the provisions of Article 48 of the penalties.
Article 22 of the pollution source automatic monitoring facilities producers, sellers involved in the operation of pollution source automatic monitoring facilities of the sewage unit falsification, the competent department of environmental protection shall be notified by the name of the producer, seller, and its product model; the circumstances are serious, the recovery of its environmental protection applicability of the test report and the environmental protection product certification certificate. The producer, the seller has installed the use of the producer, the seller of similar products produced and sold by the enterprise, the competent department for environmental protection shall strengthen the focus of the inspection.
Article 23 of the operating unit involved in the emissions unit pollution source automatic monitoring facilities operation of fraud, in accordance with the "Environmental Pollution Control Facility Operation Qualification License Management Measures" of the relevant provisions of the penalties.
Article 24 The staff of the competent department for environmental protection of one of the following acts, shall be given sanctions; constitutes a crime, be held criminally responsible:
(a) does not perform or does not comply with the provisions of the automatic monitoring of pollution sources of on-site monitoring and inspection of the responsibility;
(b) on the receipt of a report or the violations found not to be investigated and dealt with in accordance with the law
(C) harboring, condoning, or participating in the sewage unit or operating unit fraud;
(D) other negligence, abuse of power or favoritism.
Article 25 of the sewage disposal unit through the pollution source automatic monitoring facilities data falsification to obtain the annual reduction of major pollutants, environmental protection honors or ratings, by the original reduction of the original approval or granting of honors to be withdrawn by the competent department of environmental protection.
The emissions unit through the pollution source automatic monitoring facilities data fraudulent, fraudulent national preferential desulfurization denitrification tariffs, the competent department for environmental protection shall promptly notify the preferential tariffs approved by the department, the cancellation of tariff concessions.
Article 26 violation of the requirements of the technical specifications, the automatic monitoring system of pollution sources of function deletion, modification, addition, interference, resulting in the automatic monitoring system of pollution sources can not operate normally, or automatic monitoring system of pollution sources of data stored, processed or transmitted and application programs for the deletion of data and application programs, constitute a violation of the law and order management, by the competent environmental protection department shall be transferred to the public security department in accordance with the provisions of the Committee on Environmental Protection. The competent department shall transfer to the public security department in accordance with the provisions of Article 29 of the "Law of the People's Republic of China on Punishment for Public Security Administration"; if it is suspected of constituting a crime, it shall be transferred to the judicial organs for the purpose of pursuing criminal liability in accordance with Article 286 of the "Criminal Law of the People's Republic of China".
Chapter V Supplementary Provisions
Article 27 These Measures shall be interpreted by the Ministry of Environmental Protection.
Article 28 The technical specifications and relevant guidelines for on-site supervision and inspection of pollution source automatic monitoring facilities shall be separately issued by the Ministry of Environmental Protection.
Article 29 These Measures shall come into force on April 1, 2012.
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Article 29 of the Law on Punishment for Public Security Administration Anyone who commits any of the following acts shall be sentenced to detention for not more than five days; if the circumstances are more serious, he or she shall be sentenced to detention for not less than five but not more than ten days:
(1) violating the state regulations, intruding into a computer information system, causing harm;
(2) violating the state regulations, deleting the functions of a computer information system, modification, addition, interference, resulting in the computer information system can not operate normally;
(3) violation of state regulations, the computer information system to store, process, transmit data and application programs to delete, modify, add;
(4) intentional production and dissemination of computer viruses and other destructive programs, affecting the normal operation of the computer information system.
Article 286 of the Criminal Law If a person violates state regulations by deleting, modifying, adding to or interfering with the functions of a computer information system, causing the computer information system to fail to operate normally and the consequences are serious, he or she shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are particularly serious, he or she shall be sentenced to fixed-term imprisonment of not less than five years.
If a person violates the state regulations by deleting, modifying or adding to the data and applications stored, processed or transmitted in a computer information system, and the consequences are serious, he or she shall be punished in accordance with the provisions of the preceding paragraph.
The intentional production and dissemination of computer viruses and other destructive programs, affecting the normal operation of computer systems, the consequences are serious, in accordance with the provisions of the first paragraph of the punishment.
Above from the official website of the Ministry of Environmental Protection