I. General requirements
Pollutant emission control permit system (hereinafter referred to as? Pollution permit system? ) is a reform task to adapt to the new requirements of the state for environmental protection under the new situation and build the pollutant discharge permit system into the core system of environmental management of fixed pollution sources. Through the pollutant discharge permit system, it is clear that pollutant discharge enterprises have the right to discharge pollutants with certificates and the main responsibility to prevent and control pollution with certificates, which can solve the problems of unclear pollution control responsibility, unfulfilled obligations and inadequate supervision by environmental protection departments.
According to the overall deployment of the State Council, before June 30, 20 17, our district will complete the issuance of pollutant discharge permits for the thermal power and paper industries in the whole region, and complete the issuance of pollutant discharge permits for key industries and overcapacity industries in the air pollution prevention and control action plan and water pollution prevention and control action plan in 20 17, and basically complete the issuance of pollutant discharge permits nationwide in 2020.
Second, the basic principles
(1) The data is legal. The pollutant discharge permit system should integrate the environmental impact assessment system and the total amount control system, incorporate the relevant information and total amount control requirements of pollutant discharge into the pollutant discharge permit, form the whole process supervision from pollution prevention to pollution control and total amount control, and provide unified pollutant discharge data for pollutant discharge rights trading, pollutant discharge fees, environmental statistics, etc. To realize the legalization of environmental protection data.
(2) One enterprise and one certificate. The location of the pollutant discharge unit shall bear the corresponding pollution control responsibilities in accordance with the requirements of improving environmental quality and ensuring environmental safety. The same legal entity or other enterprises and institutions, sewage units located in different places, should be based on the principle of territorial management to apply for and receive a sewage permit. Instead of setting up a separate license for water and gas pollutants, all detectable pollutant emission factors should be included in one certificate.
(3) Clear responsibilities. Pollution discharge permit is the main legal document for enterprises and institutions to accept environmental supervision and supervision by environmental protection departments during production and operation. During the production and operation, it is their right to discharge pollutants according to law and hold relevant certificates. Based on the commitment of enterprises and institutions to abide by the law, the environmental protection department should also clarify the environmental management requirements and legal obligations of pollution prevention and pollutant reduction that should be observed according to law when issuing pollutant discharge permits according to law.
(4) Fair and open. Environmental protection administrative departments at all levels shall, according to their functions and powers, carry out the acceptance and issuance of pollutant discharge permits, and timely disclose and release relevant management information in accordance with national requirements, and disclose the application, issuance, announcement and supervision work flow of pollutant discharge permits to ensure the openness, fairness and efficiency of the issuance work.
Third, the sewage permit application
The following enterprises and institutions need to apply for a pollutant discharge permit:
(1) Enterprises and institutions that discharge industrial waste gas or toxic and harmful air pollutants as prescribed by the state.
(two) production and business units with coal-fired heat sources as central heating facilities.
(3) Enterprises and institutions that directly or indirectly discharge industrial wastewater and medical sewage into water bodies.
(four) the operating units of urban or industrial sewage centralized treatment facilities.
(five) the pollutant discharge unit of a new project shall apply for a pollutant discharge permit before it is put into production or use and produces actual pollutant discharge behavior.
(6) During the validity period of the pollutant discharge permit, if the major items recorded in the permit change, the pollutant discharge unit shall submit an application for the change of the pollutant discharge permit to the original issuing authority within the specified time in accordance with the Interim Provisions on the Administration of Pollutant Discharge Permit of the Ministry of Environmental Protection.
(seven) other pollutant discharge units that should implement the management of pollutant discharge licenses according to law.
Iv. Acceptance and approval of pollutant discharge permit
(a) the competent department of environmental protection of the autonomous region shall determine the specific application time limit, issuing authority, application procedures and other related matters within its administrative area, and make an announcement to the public.
The competent department of environmental protection of the Union City is responsible for the issuance of pollutant discharge permits under general management, and the competent department of environmental protection of the county (city, district) is responsible for the issuance of pollutant discharge permits under simple management (the issuance of pollutant discharge permits is subject to general management and simple management, and the pollutant discharge units with small pollutant discharge and low environmental harm are subject to simple management, and the rest are subject to general management).
(II) After receiving the application materials submitted by the pollutant discharge unit, the license-issuing organ shall review the completeness and standardization of the materials in accordance with the Interim Provisions on the Administration of Pollutant Discharge Permit of the Ministry of Environmental Protection, and make a decision not to handle, refuse to accept, refuse to accept, inform the materials to be corrected or correct the contents that do not meet the requirements according to different situations.
The issuing authority shall, according to the application materials and commitments of the pollutant discharge units, and in accordance with the Interim Provisions on the Administration of Pollutant Discharge Permits of the Ministry of Environmental Protection, issue pollutant discharge permits to pollutant discharge units that meet the certification requirements; If there is any doubt about the application materials, after on-site verification, the pollutant discharge units that meet the identification conditions will be issued with pollutant discharge permits; No pollutant discharge permit shall be issued to a pollutant discharge unit that does not meet the certification conditions.
The issuing authority shall, within 10 days after making the licensing decision, issue the pollutant discharge permit stamped with the seal of the administrative organ to the pollutant discharge unit and make an announcement on the national pollutant discharge permit management information platform; If a decision on disapproval is made, the issuing authority shall issue a written decision on disapproval, inform the pollutant discharge unit of the reasons for disapproval and enjoy the right to apply for administrative reconsideration or bring an administrative lawsuit according to law, and make an announcement on the national information platform for pollutant discharge permit management.
(3) The sewage permit issued for the first time is valid for three years, and the sewage permit renewed thereafter is valid for five years.
(four) the scope of the fixed source pollution discharge permit shall be implemented in accordance with the Catalogue of Classified Management of Pollution Discharge Permit of the Ministry of Environmental Protection.
Verb (abbreviation of verb) Contents of pollutant discharge permit
The contents of pollutant discharge permit management mainly include air pollutants and water pollutants. The pollutant discharge permit clearly stipulates the types, concentrations, emissions, emission destinations and other matters of pollutants, and stipulates pollution control facilities, environmental management requirements and other related contents. According to the national pollution prevention and control requirements, other pollutants will be gradually included.
According to pollutant discharge standards, total control indicators, environmental impact assessment documents and approval requirements. , reasonably determine the pollutant discharge permit project according to law. The environmental impact assessment documents and approvals of existing sewage units involving the process and treatment facilities of pollutant discharge should be included in the sewage permit, and new projects must apply for the sewage permit before the actual sewage discharge occurs.
Implement air pollution prevention and control action plan and water pollution prevention and control action plan. Enterprises and institutions that fail to meet the environmental quality standards should implement stricter total pollutant emission control by raising emission standards or tightening allowable emissions in accordance with the environmental quality deadline planning and heavy pollution weather response measures formulated by the local government. , should be clearly stipulated in the sewage permit. If the pollutant discharge unit promises to implement stricter emission concentration and discharge, and thus enjoys national or local preferential policies, it shall be stated in the permit.
Six, the implementation of sewage permit management.
The pollutant discharge permit is the proof that the pollutant discharge unit has the right to discharge pollutants according to law. Existing pollutant discharge units shall apply to the pollutant discharge permit issuing authority within the prescribed time limit; The pollutant discharge unit of a new project shall apply for a pollutant discharge permit before it is put into production or use and produces actual pollutant discharge behavior. Adhere to the emission rights of pollutant discharge enterprises? Self-declaration at your own risk? The principle of. All enterprises and institutions included in the management of pollutant discharge permit shall bear legal responsibility for the authenticity, accuracy and completeness of the application materials, and promise to strictly implement the matters recorded in the pollutant discharge permit.
Pollutant discharge units must be certified to discharge pollutants, and the situation of pollutant discharge shall be disclosed to the public. Sewage disposal units shall continuously improve the level of pollution control and environmental management, and take effective measures to ensure that the types, concentrations and emissions of pollutants meet the licensing requirements. Key pollutant discharge enterprises should install online monitoring equipment and connect with environmental protection departments to establish accurate and complete environmental management accounts. Polluters should carry out self-monitoring according to law, and be responsible for the authenticity of pollutant discharge data disclosed to the public. Sewage disposal units have the obligation to truthfully report the implementation of the sewage permit to the environmental protection department. Encourage enterprises to entrust professional institutions to carry out environmental third-party monitoring services and reporting services on the implementation of pollutant discharge permits to ensure accurate data and effectively regulate pollutant discharge behavior.
Environmental protection departments should regularly check the implementation of licensing matters and management requirements, verify the authenticity of emission data, environmental management ledger, and report on the implementation of pollutant discharge permit, and determine whether the discharge is up to standard. The environmental protection department found that the actual situation was inconsistent with the environmental management ledger and the implementation report of the sewage permit. , can be ordered to make an explanation, for failing to explain and unable to provide self-monitoring original records, shall be punished according to law; If the environmental protection department finds that the enterprise fails to discharge pollutants according to the requirements of the license, it may order it to make an explanation. Failure to explain and provide proof of original monitoring records will be punished according to the Environmental Protection Law of People's Republic of China (PRC).
Seven, the implementation of the management of paid use of emission rights.
Pollution discharge permit is the confirmation certificate of pollution discharge right and the management carrier of pollution discharge transaction. According to the Guiding Opinions of the General Office of the State Council on Further Promoting the Pilot Work of Paid Use and Trading of Emission Rights (Guo Ban Fa [2014] No.38), the pilot areas will implement the system of paid use of emission rights, and the pollutant discharge units will pay the use fee or obtain the emission rights through trading. After the completion of emission trading, both parties to the transaction shall apply for changing the emission permit. Units that have paid the paid use fee for emission rights shall not be exempted from the obligation to pay sewage charges and other related taxes and fees according to law.
Our district is a pilot area for paid use and trading of emission rights determined by the state. The pollutant discharge enterprise obtains the pollutant discharge permit after applying for and paying the paid use fee, and the accounting period of the paid use price of the pollutant discharge right is consistent with the validity period of the pollutant discharge permit. The pollutant emission reduction generated by the pollutant discharge units that have obtained the pollutant discharge permit through eliminating backward and excess capacity, cleaner production, pollution control, technological transformation and upgrading can be traded in the market on the trading platform of the autonomous region, or stored by the emission trading department of the autonomous region, and the proceeds will be enjoyed by the pollutant discharge units. At the same time, the pollutant emission indicators released by emission reduction can be used to support the construction of major projects in the autonomous region.
According to the relevant provisions of the state and the autonomous region, the income from the paid use of emission rights belongs to the government's non-tax income, which is managed at different levels and turned over to the local treasury at the same level in full. The income from paid use of emission rights can be used as a government guidance fund to absorb social capital participation, expand investment scale through market-oriented operation, and coordinate pollution prevention and control in the whole region. Implement the document issued by the Party [20 15] 16? Implement the initial approval and paid use of emission rights, improve the emission trading system, establish the emission trading platform, and expand the paid trading scope of emission rights? The provisions of the. According to the requirements of the Notice on Expanding the Collection Scope of Paid Use of Emission Rights of Major Pollutants (No.3316) jointly issued by the Development and Reform Commission, the Finance Department and the Environmental Protection Department of the Autonomous Region, the price of emission rights is levied by levels. Among them, the environmental protection department of the autonomous region collects the emission price of thermal power enterprises, the environmental protection department of the Union City collects the emission price of key monitoring enterprises (state-controlled sources and district-controlled sources) in Central Africa, and the environmental protection departments of counties (cities, districts) collect the emission price of other enterprises.
Eight. Strengthen information disclosure and social supervision
Guarantee the public's right to know and participate in the sewage discharge permit. Accelerate the construction of information platform for pollutant discharge permit management, and disclose the work processes and information such as application, issuance, supervision and law enforcement of pollutant discharge permit on the platform in a timely manner. Increase the intensity of information disclosure, timely disclose the self-monitoring data of enterprises and institutions and the supervision and law enforcement information of environmental protection departments, publish the list of unlicensed sewage enterprises and institutions, establish an information mechanism for enterprises to abide by the law and enjoy integrity, and strengthen the credit constraint of sewage permit.
We will improve the mechanisms of public supervision, social supervision, legal supervision and media supervision, further unblock the channels of public inquiry and feedback, encourage the public to report unlicensed sewage discharge, guide all sectors of society, the public and the media to pay attention to and supervise enterprise sewage discharge, and promote the establishment of corporate environmental protection subject responsibility consciousness.
Nine, strengthen organizational leadership
All Union cities should attach great importance to the implementation of the pollutant discharge permit system, unify their thinking, raise awareness, define objectives and tasks, formulate implementation plans, and ensure the completion of pollutant discharge permit issuance within a time limit. The environmental protection department of the autonomous region should strengthen the guidance on the implementation of the pollutant discharge permit system in the whole region, formulate relevant management measures, summarize and popularize advanced experience, and track and evaluate the implementation. Incorporate the implementation of the pollutant discharge permit system into the work of environmental protection inspectors, and hold those who fail to implement it in place accountable.
Increase the publicity of the sewage permit system, do a good job of system interpretation, and respond to social concerns in a timely manner. Organize environmental protection departments at all levels, enterprises and institutions, consulting and monitoring institutions to carry out professional training. Strengthen the main responsibility of local governments for environmental protection, establish the awareness of certified pollution discharge of enterprises and institutions, guide the public to better and orderly participate in the pollution discharge supervision of enterprises and institutions, and form a good atmosphere of comprehensive management by the government, compliance of enterprises with laws and regulations, and social supervision.