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The main body of the measures for the administration of environmental protection in Hangzhou service industry

Article 1 In order to strengthen the environmental management of service industries, prevent and control environmental pollution, safeguard human health, and promote the coordinated development of economy, society and environmental protection, in accordance with the provisions of the Law of the People's Republic of China on the Prevention and Control of Air Pollution, the Law of the People's Republic of China on the Prevention and Control of Water Pollution, the Law of the People's Republic of China on Environmental Impact Assessment and other relevant laws and regulations, combined with the actual situation of this Municipality.

article 2 all units and individual operators engaged in the service industry in the urban areas of this municipality (hereinafter referred to as service project operators) shall abide by these measures.

Article 3 The service industries mentioned in these Measures refer to the following industries that directly or indirectly discharge pollutants into the surrounding environment:

(1) Hotels and hotel services;

(2) catering services;

(3) entertainment service industry;

(4) services such as washing and dyeing, beauty care, physical fitness, bathing, photography and printing;

(5) services such as motor vehicle maintenance, maintenance, cleaning and hardware repair and processing.

the specific business projects of the above service industries (hereinafter referred to as service projects) shall be announced by the administrative department of environmental protection of Hangzhou Municipal People's Government (hereinafter referred to as the municipal environmental protection department) in conjunction with the administrative department of industry and commerce of Hangzhou.

the environmental protection management of the unit canteen shall be implemented with reference to these measures.

article 4 the municipal environmental protection department shall exercise unified supervision and management over the environmental protection of the service industry.

The relevant administrative departments in charge of planning, construction, industry and commerce, housing management, urban management, public security, culture, health, trade, quality and technical supervision, urban management and law enforcement, etc. shall cooperate to implement these Measures according to their respective responsibilities.

article 5 service projects newly built, rebuilt, expanded and relocated shall be subject to environmental impact assessment in accordance with laws and regulations on environmental protection of construction projects.

for the service projects that implement the notification commitment system for environmental protection approval, the environmental protection department shall notify the service project operators in writing of the requirements for prevention and control of environmental pollution, and the operators shall undertake to fulfill the corresponding obligations in writing. If a commitment is made, it shall be deemed that the operator has gone through the formalities for examination and approval of environmental impact assessment. The specific scope and manner of the implementation of the notification commitment system shall be separately stipulated by the municipal environmental protection department in conjunction with the municipal administrative department for industry and commerce.

the administrative department for industry and commerce shall not issue a business license if the service project fails to go through the licensing procedures for environmental impact assessment or fails to implement the notification commitment system.

Article 6 It is forbidden to set up new service projects that produce oil smoke, odor, noise pollution and vibration pollution in the following areas and places:

(1) Residential buildings;

(2) commercial and residential buildings without dedicated flue;

(3) The floor adjacent to the residential building.

the property owner or manager shall not lease or lend the property specified in the preceding paragraph to other units or individuals to set up service projects that produce oil smoke, odor, noise pollution and vibration pollution.

article 7 strictly control the establishment of new service items that generate oil smoke, odor, noise and vibration within 15 meters from residential buildings, hospitals, schools, sanatoriums, party and government organs and other buildings.

if it is really necessary to set up a service project that produces oil fume, odor, noise and vibration in the area specified in the preceding paragraph, the construction unit shall solicit the opinions of relevant units and the public around the project location, and at the same time, when going through the examination and approval procedures for environmental impact assessment, it shall attach an explanation of whether the opinions of relevant units and the public around the project are adopted or not. Soliciting opinions can take the form of announcements and hearings.

Article 8 In case of any of the following circumstances, the relevant procedures shall be handled in accordance with the provisions of newly-started projects before the change:

(1) The service project without oil fume pollution is changed to the service project with oil fume pollution;

(2) major changes have taken place in the quantity, type, destination and discharge mode of pollutants.

article 9 if a newly-started service project needs supporting construction of environmental protection facilities, the environmental protection facilities must be designed, constructed and put into use at the same time as the main project (hereinafter referred to as "three simultaneities"), and reported to the environmental protection department for completion acceptance in accordance with relevant state regulations.

if a new service project with completed environmental protection facilities needs to be put into trial operation, the service project operator shall report it to the environmental protection department for the record, and apply for the completion acceptance of environmental protection facilities within 3 months from the date of trial operation.

Article 11 Service project operators shall use clean energy such as pipeline gas, liquefied gas and electric energy, and shall not use highly polluting fuels such as coal and oil.

the service projects that have been completed before the implementation of these measures, which use coal and oil as fuel, should switch to clean energy such as pipeline gas, liquefied gas and electric energy within the time limit stipulated by the municipal government.

article 11 operators of service projects that produce oil fume and odor must set up pollution prevention facilities for oil fume and odor, and the oil fume and odor shall meet the national and local emission standards after treatment.

The installation of fume exhaust facilities shall comply with the following provisions:

(1) The fume exhaust pipe or special flue must be provided with permanent sampling monitoring holes and related facilities in accordance with relevant national and local regulations;

(2) If the height of the building is below 24 meters (including 24 meters), the fume exhaust pipe shall be higher than the highest point of the building and shall not directly face sensitive points such as residential buildings; Where the height of the building is more than 24 meters, the design of the exhaust port of the oil fume exhaust pipe shall meet the requirements of environmental pollution prevention and control, and its specific design specifications shall be formulated and promulgated separately by the municipal environmental protection department.

if the service items that have been set up before the implementation of these measures have not installed fume purification facilities or the installed facilities can not meet the requirements of environmental protection, the local environmental protection department shall order them to install or modify them within a time limit.

Article 12 Service project operators shall ensure the normal use of their oil fume exhaust facilities and strengthen maintenance. One of the following acts shall be regarded as abnormal use: < P > (1) Idling or dismantling the oil fume purification facilities without authorization;

(2) Failing to carry out regular maintenance and maintenance of oil fume purification facilities according to relevant regulations;

(3) the maintenance records of the oil fume purification facilities cannot be provided or the maintenance records are incomplete.

Article 13 Service project operators are not allowed to discharge oil fume in the following ways:

(1) unorganized emission without passing through an oil fume exhaust pipe or a special flue;

(2) discharged through urban rainwater or sewage pipelines.

Article 14 Where sewage generated by service projects is discharged into urban public sewage pipelines, standardized oil separation and residue filtering devices shall be set up to meet the standards of urban sewage pipe network.

pollution prevention measures should be taken to set up service projects that produce sewage in areas without urban public sewage pipelines, and the sewage can only be discharged after being treated to meet the standards.

article 15 service project operators shall properly collect waste oil and other oily wastes (hereinafter referred to as waste edible oils and fats) and hand them over to professional disposal units that have obtained business licenses for centralized treatment, and shall not discharge or dump them without authorization.

units and individuals that have not obtained a business license are prohibited from engaging in the activities of collecting and treating waste edible oils and fats.

Article 16 The kitchen waste generated by service projects shall be collected, transported and disposed according to the requirements of city appearance and environmental sanitation management.

article 17 hazardous wastes such as waste development and fixing solution generated by services such as photographic printing must be disposed of in accordance with relevant regulations on hazardous waste management, and shall not be discharged or dumped at will.

article 18 the boundary noise generated by service projects shall conform to the environmental noise emission standards stipulated by the state.

service project operators should take effective measures in their business activities to eliminate or reduce the noise impact of their business activities on the surrounding environment, and should not set up and use audio equipment that produces high noise pollution outdoors.

Article 19 It is forbidden to use the following products in the business activities of service projects:

(1) disposable non-degradable foamed plastic tableware and non-naturally degradable plastic packaging bags with a thickness below 1.125mm (inclusive);

(2) phosphorus-containing detergent.

article 21 strictly control the installation of commercial air-conditioning devices near sidewalks in commercial areas, main streets in urban areas and residential doors and windows.

if it is really necessary to set up commercial air-conditioning devices on both sides of the street directly facing the sidewalk, the distance between the bottom of the installation frame and the ground should be more than 2 meters, and it should not be less than 1.9 meters due to objective conditions; Commercial air-conditioning devices shall be installed near residents' doors and windows, which shall be more than 3 meters apart and shall not directly face sensitive points such as residents' doors and windows.

article 21 implements the annual pollutant discharge declaration and registration system. Service project operators shall truthfully declare and register the types, quantities, concentrations and methods of pollutants discharged to the environmental protection department, and discharge pollutants in strict accordance with the relevant provisions on pollutant discharge permit management in business activities.

article 22 service project operators shall pay sewage charges to the environmental protection department according to the relevant provisions of the state.

article 23 the environmental protection department shall regularly announce the investigation and punishment of illegal acts of service projects.

the municipal environmental protection department shall, jointly with the municipal quality and technical supervision department, organize random inspection on the use effect of the lampblack purification facilities installed in the catering service projects in this municipality, and announce the sampling results to the public.

article 24 the environmental protection department or other departments exercising environmental supervision and management functions in accordance with laws and regulations have the right to conduct on-site inspections on service project operators within their jurisdiction. Inspectors shall produce administrative law enforcement certificates. The inspected shall truthfully report the situation and shall not refuse to check or practise fraud.

Article 25 Where a service project is set up in violation of the first paragraph of Article 6 of these Measures, the environmental protection department shall order it to stop construction; Has been put into business, by the relevant administrative departments in accordance with the provisions of the State Council "unlicensed and banned measures" to investigate and deal with.

in violation of the provisions of the second paragraph of article 6 of these measures, if the property owner or manager knows or should know that the lessor and the borrower will use their property to set up service projects that produce oil smoke, odor, noise pollution and vibration pollution, but still rent or lend it, the administrative department for industry and commerce shall order them to immediately stop their illegal activities, confiscate their illegal income and impose a fine of more than 2,111 yuan and less than 21,111 yuan.

article 26 in violation of the provisions of article 9 of these measures, if a newly-started service project is put into business without supporting environmental protection facilities, the environmental protection department shall order it to stop business and may impose a fine of more than 5,111 yuan and less than 1,111,111 yuan; Environmental protection facilities that need supporting construction have been completed, but they have not applied to the environmental protection department for completion and acceptance within the prescribed time limit or put into business without passing the acceptance. The environmental protection department shall order them to stop business and may impose a fine of more than 2,111 yuan and less than 51,111 yuan.

article 27 whoever, in violation of the provisions of the first paragraph of article 11 of these measures, fails to use clean energy according to the provisions shall be ordered by the environmental protection department to make corrections within a time limit; if he refuses to make corrections, he may be fined between 5,111 yuan and 51,111 yuan, and the environmental protection department may report to the local people's government at or above the county level and order him to suspend business or close down according to the prescribed authority.

Article 28 Whoever violates the provisions of Articles 11 and 13 of these Measures and commits any of the following acts shall be ordered by the environmental protection department to make corrections within a time limit, and may be fined between 1,111 yuan and 11,111 yuan:

(1) Failing to set up, install or refit pollution prevention facilities as required;

(2) unorganized emission of oil fume without passing through an oil fume exhaust pipe or a special flue;

(3) discharging oil fume through urban rainwater or sewage pipes.

article 29 whoever violates the provisions of article 12 of these measures and does not use the oil fume exhaust facilities normally shall be ordered by the environmental protection department to make corrections, and may be fined from 2,111 yuan to 21,111 yuan.

Article 31 In case of any of the following acts, the urban management administrative law enforcement organ shall order it to make corrections, and impose a fine of not less than 5,111 yuan in 511 yuan

:

(1) In violation of the provisions of the first paragraph of Article 14 of these Measures, the sewage without oil separation and filtration is directly discharged into the urban public sewage pipeline;

(two) in violation of the provisions of the first paragraph of Article 15 of these measures, the waste edible oils and fats are discharged, dumped or handed over to non-professional disposal units and individuals for collection and treatment;

(3) failing to collect, transport and dispose of kitchen waste in accordance with the requirements of city appearance and environmental sanitation management in violation of the provisions of Article 16 of these Measures;

(four) in violation of the provisions of article twentieth of these measures, failing to install air conditioning devices as required.

article 31 anyone who, in violation of the provisions of the second paragraph of article 15 of these measures, illegally engages in the collection and disposal of waste edible oils and fats shall be confiscated by the administrative department for industry and commerce according to law, and may be fined from 2,111 yuan to 21,111 yuan.

article 32 whoever, in violation of the provisions of article 18 of these measures, sets up and uses audio equipment that produces high noise pollution outdoors shall be ordered by the urban management administrative law enforcement organ to make corrections, and may be fined between RMB 111 and RMB 1111.

article 33 if the administrative punishment in these measures involves the relatively centralized exercise of the power of administrative punishment, it shall be implemented in accordance with the relevant provisions of the system of relatively centralized exercise of the power of administrative punishment.

article 34 if the service items established before the implementation of these measures produce oil fume, odor, noise and vibration that do not meet the national or local emission standards and the provisions of these measures, the environmental protection department shall be entrusted by the people's government at the same level to order it to be treated within a time limit; If it still fails to meet the national or local standards after the expiration of the period, the environmental protection department shall report to the local people's government at or above the county level and order it to suspend business or close down according to the prescribed authority.

Article 35 Where the staff of the environmental protection department and other relevant administrative departments abuse their powers, engage in malpractices for selfish ends or neglect their duties, their administrative responsibilities shall be investigated by the unit to which they belong, the competent department at a higher level or the supervisory organ according to law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

article 36 these measures shall come into force as of October 1, 2115.