catalogue
Chapter I General Principles
Chapter II Supervision and Administration
Chapter III On-site Supervision and Inspection
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Principles
Article 1 In order to strengthen the on-site supervision and inspection of automatic monitoring facilities for pollution sources, ensure their normal operation, and ensure the truthfulness, reliability and effectiveness of automatic monitoring data, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Water Pollution and the Law of People's Republic of China (PRC) on the Prevention and Control of Air Pollution.
Article 2 The term "automatic monitoring facilities for pollution sources" as mentioned in these Measures refers to on-line automatic monitors, flowmeters, operation recorders of pollution control facilities, data acquisition and transmission instruments, meters, sensors and other facilities installed on the site of pollution sources for monitoring and monitoring pollutant discharge, which are components of pollution control facilities.
Article 3 These Measures shall apply to the on-site supervision and inspection of automatic monitoring facilities for pollution sources by competent environmental protection departments at all levels.
Article 4 The on-site supervision and inspection of automatic monitoring facilities for pollution sources shall be specifically undertaken by the competent environmental protection departments at all levels or the institutions entrusted by them to exercise the duties of on-site supervision and inspection (hereinafter referred to as the supervision and inspection institutions).
The division of authority for the supervision and management of environmental protection departments below the provincial level and the on-site supervision and inspection of automatic monitoring facilities for pollution sources shall be determined by the provincial environmental protection departments.
Article 5 The on-site supervision and inspection of automatic monitoring facilities for pollution sources shall be combined with the on-site inspection of other pollution prevention and control facilities, and the relevant national laws, regulations, standards, technical specifications and provisions of the competent department of environmental protection shall be observed.
Article 6 Producers and sellers of automatic monitoring facilities for pollution sources shall ensure that the automatic monitoring facilities for pollution sources produced and sold by them meet the standards prescribed by the state.
Sewage disposal units that operate pollution source automatic monitoring facilities by themselves shall ensure their normal operation. Units that have obtained the operation qualification of environmental pollution control facilities (hereinafter referred to as operating units) operate automatic monitoring facilities for pollution sources, and the pollutant discharge units shall cooperate with and supervise the normal operation of the operating units; Operating units shall ensure the normal operation of automatic monitoring facilities for pollution sources.
Producers and sellers of automatic monitoring facilities for pollution sources, as well as pollutant discharge units and operating units, shall accept and cooperate with the on-site supervision and inspection of the supervision and inspection institutions, and provide relevant technical data as required. The supervision and inspection institutions have the obligation to keep the business secrets obtained in the inspection for the inspected units.
Chapter II Supervision and Administration
Seventh automatic monitoring facilities for pollution sources are completed, and the units that organize the construction shall organize the acceptance in time. The automatic monitoring facilities for pollution sources can only be put into use after passing the acceptance test.
Sewage disposal units or other ownership units of pollution source automatic monitoring facilities shall, within five working days after the acceptance of pollution source automatic monitoring facilities, submit the relevant information of pollution source automatic monitoring facilities to the competent supervision and inspection institutions for registration.
Major equipment or core components of automatic monitoring facilities for pollution sources are replaced, and major changes have taken place in the sampling location or installation location of major equipment, and acceptance shall be reorganized. Sewage disposal units or other ownership units of pollution source automatic monitoring facilities shall, within five working days after re-acceptance, go through the change registration with the competent supervision and inspection institution.
The supervision and inspection institutions with jurisdiction shall timely register the registered items of automatic monitoring facilities for pollution sources as the basis for on-site supervision and inspection.
Article 8 If it is really necessary to dismantle or stop the automatic monitoring facilities of pollution sources, the pollutant discharging unit or operating unit shall report to the competent supervision and inspection institution in advance, and it can only be implemented after the approval of the competent supervision and inspection institution. After receiving the report, the supervision and inspection institutions with jurisdiction may organize on-site verification and make a decision within five working days after receiving the report; If no decision is made within the time limit, it shall be deemed as consent.
If the automatic monitoring facilities of pollution sources cannot operate normally, the pollutant discharging unit or operating unit shall report to the competent supervision and inspection institution within 12 hours after the failure occurs, and make timely repairs to ensure normal operation within five working days. During the shutdown period, the pollutant discharge unit or operating unit shall, in accordance with the relevant regulations and technical specifications, monitor the pollutant discharge status by manual monitoring and submit the monitoring data.
Article 9 The competent department of environmental protection at a lower level shall report to the competent department of environmental protection at a higher level the on-site supervision and inspection of automatic monitoring facilities for pollution sources every quarter. The competent department of environmental protection at the provincial level shall submit to the Ministry of Environmental Protection a report on the on-site supervision and inspection of automatic monitoring facilities for pollution sources in the administrative region in the previous year before June 30 each year.
Article 10 The on-site supervision and inspection report of automatic monitoring facilities for pollution sources shall include the following contents:
(a) the overall operation, existing problems and suggestions of the automatic monitoring facilities for pollution sources within its jurisdiction;
(two) the illegal acts of automatic monitoring facilities of pollution sources within the jurisdiction and their investigation and typical cases;
(three) the service quality evaluation of the producers, sellers and operating units of the automatic monitoring facilities for pollution sources within their respective jurisdictions.
Eleventh environmental protection departments at higher levels shall regularly organize on-site supervision and inspection of the automatic monitoring facilities of pollution sources of environmental protection departments at lower levels within their respective jurisdictions, and make special assessments.
Article 12 The on-site supervision and inspection of automatic monitoring facilities for pollution sources shall be made public according to law.
Chapter III On-site Supervision and Inspection
Thirteenth pollution source automatic monitoring facilities on-site supervision and inspection, should focus on the following contents:
(1) Standardization of discharge ports;
(2) Standardization of on-site construction of automatic monitoring facilities for pollution sources;
(three) the change of automatic monitoring facilities for pollution sources;
(four) the operation status of automatic monitoring facilities for pollution sources;
(5) Records of operation, maintenance, overhaul and calibration of automatic monitoring facilities for pollution sources;
(6) Validity of relevant qualifications, certificates and marks;
(seven) the correlation between the production conditions of enterprises, the operation of pollution control facilities and the automatic monitoring data.
Fourteenth on-site supervision and inspection of pollution source automatic monitoring facilities are divided into daily inspection and key inspection.
The supervision and inspection institutions shall conduct regular routine inspections on the automatic monitoring facilities of pollution sources. Routine inspection of automatic monitoring facilities for pollution sources of state key monitoring enterprises at least once a month; Routine inspection of automatic monitoring facilities for pollution sources of other enterprises shall be conducted at least once every quarter.
Supervision and inspection institutions should focus on inspection of enterprises suspected of abnormal operation, use of automatic monitoring facilities for pollution sources or fraud and other illegal situations. The key inspection can invite relevant departments and experts to participate.
Routine inspection or key inspection of automatic monitoring facilities for pollution sources may be notified to the inspected unit in advance according to the situation, or it may not be notified in advance.
Fifteenth on-site supervision and inspection of pollution source automatic monitoring facilities, in accordance with the following procedures:
(1) Preparation before inspection, including registration and filing of automatic monitoring facilities for pollution sources, relevant information on pollutant discharge and pollution prevention, and on-site inspection equipment, etc. ;
(2) Conducting on-site supervision and inspection;
(three) that the normal operation, the end of on-site supervision and inspection;
(four) to focus on the inspection of personnel suspected of illegal activities such as abnormal operation, use or fraud;
(five) after the key inspection, it is found that there are illegal acts, which will be punished according to law.
The results of on-site supervision and inspection of pollution source automatic monitoring facilities shall be promptly fed back to the inspected unit.
Sixteenth on-site supervision and inspection personnel shall fill in the on-site supervision and inspection table in accordance with the requirements of relevant technical specifications, and make records of on-site supervision and inspection.
On-site supervision and inspection personnel may take the following measures when conducting on-site supervision and inspection of pollution source automatic monitoring facilities:
(a) by taking photos, recording, video recording, calibrating instruments or copying documents and materials, etc. to save the on-site inspection data;
(two) the use of rapid monitoring instruments for sampling and monitoring. When necessary, the environmental monitoring agency shall conduct supervisory monitoring or comparative monitoring, and issue the monitoring results;
(three) require sewage units or operating units to conduct technical tests on the hardware and software of automatic monitoring facilities for pollution sources;
(four) sealed samples, reagents and other substances, and sent to the relevant departments or institutions for testing.
Chapter IV Legal Liability
Article 17 If the owner of a pollutant discharge unit or other automatic monitoring facilities for pollution sources fails to register the relevant information of the automatic monitoring facilities for pollution sources with the competent supervision and inspection institution in accordance with the provisions of Article 7 of these Measures, or the registered information is untrue, he shall be punished in accordance with the provisions of Item (1) of Article 72 of the Law on the Prevention and Control of Water Pollution in People's Republic of China (PRC) or Item (1) of Article 46 of the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC).
Eighteenth sewage units or operating units have one of the following acts, and shall be punished in accordance with the provisions of Article 70 of the People's Republic of China (PRC) Water Pollution Prevention Law or Item (2) of Article 46 of the People's Republic of China (PRC) Air Pollution Prevention Law:
(a) to prevent the on-site supervision and inspection personnel from entering the site to check the automatic monitoring facilities of pollution sources by means of prohibiting entry or delaying time;
(two) do not cooperate with the instrument calibration and other field tests;
(3) Failing to provide relevant technical data and operation records as required;
(4) Failing to truthfully answer the questions of the on-site supervision and inspection personnel.
Article 19 If a pollutant discharging unit or an operating unit dismantles or leaves idle the automatic monitoring facilities of pollution sources without authorization, or commits any of the following acts, it shall be punished in accordance with Article 73 of the People's Republic of China (PRC) Water Pollution Prevention Law or Item (3) of Article 46 of the People's Republic of China (PRC) Air Pollution Prevention Law:
(a) without the consent of the competent department of environmental protection, partially or completely shut down the automatic monitoring facilities of pollution sources;
(two) the automatic monitoring facilities of pollution sources can not operate normally, fail to report according to the regulations and fail to repair and resume normal operation in time;
(3) Failing to operate in accordance with the technical specifications, resulting in obvious distortion of the automatic monitoring data of pollution sources;
(4) Failing to operate in accordance with the technical specifications, resulting in obvious inconsistency in the transmitted automatic monitoring data of pollution sources;
(five) do not operate in accordance with the technical specifications, resulting in abnormal correlation between the production conditions of the pollutant discharge unit and the operation of pollution control facilities and the automatic monitoring data;
(six) changing the relevant parameters and data of the automatic monitoring system of pollution sources without authorization;
(seven) the automatic monitoring data of pollution sources failed to pass the validity audit or failed to pass the validity audit;
(eight) other man-made reasons cause abnormal operation of automatic monitoring facilities for pollution sources.
Twentieth sewage units or operating units have one of the following acts, in accordance with the "People's Republic of China (PRC) Water Pollution Prevention Law" seventieth or "People's Republic of China (PRC) Air Pollution Prevention Law" forty-sixth (two) punishment:
(1) Discharging some or all pollutants from the non-standard discharge outlet to avoid the monitoring of automatic monitoring facilities for pollution sources;
(two) in violation of technical specifications, through dilution, adsorption, absorption, filtration and other ways to deal with monitoring samples;
(three) do not change the operation of instruments and reagents in accordance with the requirements of technical specifications;
(4) In violation of the requirements of technical specifications, deleting, modifying, adding or interfering with the functions of the automatic monitoring system for pollution sources, resulting in the failure of the automatic monitoring system for pollution sources to operate normally, or deleting, modifying or adding data and applications stored, processed or transmitted in the automatic monitoring system for pollution sources;
(five) other acts of deceiving on-site supervision and inspection personnel and covering up the real situation of sewage discharge.
Article 21 Where the pollutants discharged by a pollutant discharge unit exceed the national or local pollutant discharge standards, or exceed the total discharge control targets of key pollutants, it shall be punished in accordance with Article 74 of the Law on Prevention and Control of Water Pollution in People's Republic of China (PRC) or Article 48 of the Law on Prevention and Control of Air Pollution in People's Republic of China (PRC).
Article 22 Producers and sellers of automatic monitoring facilities for pollution sources participate in the operation of automatic monitoring facilities for pollution sources of pollutant discharge units, and if they practise fraud, they shall be notified by the competent department of environmental protection, and the names and product models of the producers and sellers shall be disclosed; If the circumstances are serious, the environmental protection applicability test report and environmental protection product certification certificate shall be revoked. The competent department of environmental protection shall strengthen the key inspection of enterprises that install and use similar products produced and sold by producers and sellers.
Twenty-third operating units involved in the operation of automatic monitoring facilities for pollution sources of sewage units shall be punished in accordance with the relevant provisions of the "Measures for the Administration of Operating Qualification License for Environmental Pollution Control Facilities".
Article 24 Any staff member of the competent department of environmental protection who commits one of the following acts shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) failing to perform or failing to perform the duties of on-site supervision and inspection of automatic monitoring facilities for pollution sources in accordance with the provisions;
(2) Failing to investigate and deal with illegal acts that have been reported or discovered according to law;
(three) harboring, conniving, and participating in the fraud of sewage units or operating units;
(four) other dereliction of duty, abuse of power or favoritism.
Article 25 Where a pollutant discharge unit obtains the annual reduction of major pollutants and the honorary title or grade of environmental protection through fraud in the data of automatic monitoring facilities for pollution sources, it shall be revoked by the competent department of environmental protection that originally approved the reduction or awarded the honorary title.
Where a pollutant discharge unit defrauds the national preferential desulfurization and denitrification electricity price through the data of pollution source automatic monitoring facilities, the competent department of environmental protection shall promptly notify the examination and approval department of preferential electricity price to cancel the preferential electricity price.
Article 26 If the functions of the automatic monitoring system of pollution sources are deleted, modified, added or interfered in violation of the requirements of technical specifications, resulting in the abnormal operation of the automatic monitoring system of pollution sources, or the data and application programs stored, processed or transmitted in the automatic monitoring system of pollution sources are deleted, modified or added, which constitutes a violation of public security administration, the competent environmental protection department shall transfer them to the public security department for handling according to the provisions of Article 29 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment; Suspected to constitute a crime, in accordance with the "People's Republic of China (PRC) Criminal Law" Article 286th transferred to judicial organs for criminal responsibility.
Chapter V Supplementary Provisions
Article 27 The Ministry of Environmental Protection shall be responsible for the interpretation of these Measures.
Twenty-eighth technical specifications and related guidelines for on-site supervision and inspection of automatic monitoring facilities for pollution sources shall be promulgated separately by the Ministry of Environmental Protection.
Article 29 These Measures shall come into force on April 1 day, 2065.
Attached:
Article 29 of the Public Security Administration Punishment Law shall be detained for less than five days if one of the following acts is committed; If the circumstances are serious, they shall be detained for more than five days and less than ten days:
Invading computer information systems in violation of state regulations, causing harm;
(two) in violation of state regulations, delete, modify, increase or interfere with the functions of the computer information system, resulting in the normal operation of the computer information system;
(3) Deleting, modifying or adding data and applications stored, processed and transmitted in the computer information system in violation of state regulations;
(four) deliberately making and spreading destructive programs such as computer viruses, which affect the normal operation of computer information systems.
Article 286 of the Criminal Law, whoever, in violation of state regulations, deletes, modifies, adds or interferes with the functions of the computer information system, thus causing the computer information system to fail to operate normally, and the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever, in violation of state regulations, deletes, modifies or adds data and applications stored, processed and transmitted in the computer information system, with serious consequences, shall be punished in accordance with the provisions of the preceding paragraph.
Whoever intentionally produces and spreads destructive programs such as computer viruses, which affects the normal operation of computer systems and causes serious consequences, shall be punished in accordance with the provisions of the first paragraph.
The above is from official website, Ministry of Environmental Protection.