Chapter I General Provisions

Article 1 In order to strengthen the supervision and management of pollution sources, control and reduce the total discharge of pollutants, and standardize the behavior of pollutant discharge permit, these Measures are formulated according to the Law of People's Republic of China (PRC) on the Prevention and Control of Air Pollution, the Law of People's Republic of China (PRC) on the Prevention and Control of Water Pollution, and the Regulations of Gansu Province on Environmental Protection, combined with the actual situation of this province.

Article 2 These Measures shall apply to the issuance and management of pollutant discharge permits within the administrative area of this province.

Article 3 Enterprises, institutions and individual operators who commit the following acts (hereinafter referred to as polluters) shall obtain pollutant discharge permits:

(1) Emission of atmospheric pollutants;

(2) Discharging industrial wastewater, medical wastewater and catering wastewater;

(3) Operating centralized treatment facilities for urban and rural sewage and industrial wastewater;

(four) to operate large-scale livestock and poultry farms and breeding communities;

(five) other acts that should obtain a sewage permit.

Article 4 The competent administrative department of environmental protection of the people's governments at or above the county level shall be responsible for the supervision and administration of pollutant discharge permits within their respective administrative areas.

The relevant departments of the people's governments at or above the county level shall, in accordance with their respective duties, do a good job in the relevant work of pollutant discharge permits.

Fifth people's governments at or above the county level shall include the funds needed for the management of pollutant discharge permits into the departmental budget and guarantee them.

Article 6 The management of pollutant discharge permits shall follow the principle of combining concentration control with total amount control, and strictly control the total amount of pollutants discharged.

Seventh to encourage polluters to adopt feasible economic, technical or management means, the implementation of cleaner production, and constantly reduce the intensity, concentration and total discharge of pollutants. After being confirmed by the competent administrative department of environmental protection, the reduced total pollutant discharge index can be stored for self-use development and use, or it can be transferred with compensation according to the environmental quality and total pollutant control objectives on the premise of ensuring the completion of the total pollutant control task.

Chapter II Application and Acceptance

Article 8 An application for a pollutant discharge permit shall meet the following conditions:

(a) the environmental impact assessment document of the construction project is approved by the competent administrative department of environmental protection;

(2) The pollution prevention and control facilities have passed the acceptance by the competent administrative department of environmental protection;

(three) the production capacity, technology, equipment and products meet the requirements of the current national and local industrial policies;

(4) Having a management system and technical ability to maintain the normal operation of pollution prevention and control facilities; If the facilities are entrusted for operation, the operating unit shall obtain the qualification certificate for the operation of environmental pollution control facilities;

(five) polluters who need to install automatic monitoring instruments and equipment for pollutant discharge in accordance with the regulations have installed automatic monitoring equipment in accordance with national standards and norms, and are networked with the monitoring equipment of the competent administrative department of environmental protection;

(six) pollutant emissions meet the requirements of regional environmental functional zones and total pollutant emission control indicators;

(seven) emergency plans, facilities and equipment to deal with sudden environmental incidents;

(8) It has legal subject qualification, business qualification and production and business qualification;

(nine) set up a standardized sewage outlet;

(ten) other conditions stipulated by laws and regulations.

To apply for a pollutant discharge permit, an application registration form shall be filled in, and the monitoring report issued by a qualified legal environmental monitoring agency and the relevant certification materials specified in the preceding paragraph shall be provided.

Article 9 A new project shall apply for a temporary pollutant discharge permit within 30 days before trial production. After the environmental protection acceptance of a construction project is completed, it shall apply for a pollutant discharge permit according to law.

Article 10 The competent administrative department of environmental protection shall accept the application for pollutant discharge permit put forward by the polluter. If the materials are complete, conform to the statutory form and fall within the scope of duties, it shall issue a written acceptance certificate and conduct on-site verification of the pollutant discharge; If the materials are incomplete or do not conform to the statutory form, the applicant shall be informed in writing of all the contents that need to be corrected at one time. If it is not within the scope of duties, it shall immediately make a decision not to accept it.

Chapter III Examination and Certification

Eleventh pollutant discharge permit control indicators by the competent administrative department of environmental protection according to the total amount of major pollutants control indicators and pollutant concentration control indicators approved.

Twelfth provincial environmental protection administrative department is responsible for issuing the following pollutant discharge permits:

(1) Coal-fired power plants, including enterprise-owned power plants, coal gangue power plants and cogeneration power plants;

(two) enterprises that discharge waste gas and waste water and sewage treatment plants under the state's key monitoring;

City (state), county (city, district) environmental protection administrative departments in accordance with the division of responsibilities, issued by the administrative region in addition to the provisions of the preceding paragraph.

Thirteenth environmental protection administrative department shall, within 20 days from the date of accepting the application for sewage permit, make a decision on whether to issue or not to issue the sewage permit according to law. Publicize the polluters who meet the certification requirements for seven days. If there is no report or false report during the publicity period, a sewage discharge permit will be issued. If a decision is made not to grant, it shall be informed in writing and explain the reasons.

Fourteenth sewage permits are divided into original and duplicate, and the original and duplicate have the same legal effect. The original shall contain the following contents:

(1) The name, address, legal representative, business license registration number and organization code certificate number of the holder;

(two) the types and total indicators of the main pollutants discharged;

(3) term of validity;

(4) Issuing authority, date of issuance and certificate number.

In addition to the items specified in the original, the copy shall also include the following items:

(a) the number of discharge ports, the number, name and location of each discharge port, the type, quantity, concentration, speed, mode and destination of the discharged pollutants and other special discharge requirements;

(2) Implementation standards for pollutant discharge;

(3) If there is a total amount control task, the total amount control index, reduction quantity and time limit of pollutants shall also be specified;

(four) the main processes and equipment that produce pollutants;

(five) the way to deal with pollutants;

(six) the trading situation of emission rights;

(seven) inspection records;

(eight) on-site law enforcement inspection records;

(nine) other matters that should be explained.

Fifteenth sewage permit is valid for three years. The validity period of the temporary sewage discharge permit is the trial production period, and the longest period is no more than one year.

During the validity period of the pollutant discharge permit, the polluter shall discharge pollutants in accordance with the provisions of the permit.

Article 16 The original pollutant discharge permit shall be hung in the main office or the main production and business premises.

It is forbidden to alter, forge, lease, lend, buy or sell or otherwise transfer the pollutant discharge permit without authorization.

Chapter IV Alteration and Cancellation

Seventeenth in any of the following circumstances, the polluter shall apply to the competent administrative department of environmental protection for change procedures.

(a) to change the type, concentration, total amount, discharge mode, discharge destination and operation mode of pollution prevention and control facilities, an application for change shall be filed within 30 days before the change.

(2) Where a legal person is merged, divided or changes its name, address and legal representative, the polluter shall apply for change within 30 days from the date of change registration.

Article 18 Where a polluter needs to extend the validity period of a pollutant discharge permit, it shall apply to the original issuing authority for extension 30 days before the expiration of the validity period.

The competent administrative department of environmental protection shall review the application for extension put forward by the polluter, and if it meets the extension conditions, it shall go through the extension formalities within 20 days after receiving the application for extension; If it does not meet the conditions for renewal, it shall not be renewed, and the applicant shall be informed in writing.

Nineteenth in any of the following circumstances, after the expiration of the validity period of the sewage permit, it will not be extended:

(a) the production capacity, technology, equipment and products are included in the elimination catalogue, which belongs to the scope of compulsory elimination and exceeds the elimination period;

(2) The land function or environmental function of the production and business operation place of the polluter has been adjusted, and it is not suitable for continuing to discharge pollutants in this area;

(3) Failing to complete the objectives and tasks of total amount control on schedule;

(4) Other circumstances stipulated by laws and regulations.

Article 20 If the pollutant discharge permit is lost or damaged, the polluter shall apply to the competent administrative department of environmental protection for a replacement within 15 days.

Chapter V Supervision and Administration

Article 21 The competent administrative department of environmental protection and its subordinate environmental monitoring institutions shall strengthen the supervision and inspection of polluters' discharge behavior through monitoring and on-site inspection, and load the inspection results into a copy of the discharge permit.

Twenty-second polluters shall submit a report on the implementation of the previous year's pollutant discharge permit in accordance with the provisions of the competent administrative department of environmental protection before March 3 1 every year, and the competent administrative department of environmental protection shall verify it within 20 days and load the results into a copy of the pollutant discharge permit.

Article 23 The competent administrative department of environmental protection shall establish and improve the archives of pollutant discharge permit management, and report the approval, issuance, cancellation and cancellation of the pollutant discharge permit of the previous year to the competent administrative department of environmental protection at the next higher level for the record before May 3 1 every year.

Environmental protection, development and reform, industrial and commercial administration, housing and urban and rural construction, quality and technical supervision, finance, urban management administrative law enforcement and other relevant departments shall establish a law enforcement information exchange and sharing mechanism, and timely notify the relevant administrative licensing, supervision and management, administrative punishment, etc. The relevant departments shall regard the handling and compliance of pollutant discharge permits by polluters as an important basis for supervision and management according to law.

Chapter VI Legal Liability

Article 24 Whoever fails to obtain a pollutant discharge permit or discharges pollutants in accordance with the matters specified in the permit shall be ordered by the competent administrative department of environmental protection to make corrections within a time limit and be punished in accordance with the provisions of relevant laws and regulations.

Twenty-fifth polluters have the following acts, the competent administrative department of environmental protection shall order them to make corrections within a time limit and impose a fine of 1 10,000 yuan or more100,000 yuan or less; If it fails to make corrections within the time limit, it shall be punished according to the sewage discharge without obtaining the sewage discharge permit.

(1) continuing to discharge pollutants without going through the formalities for changing or extending the pollutant discharge permit in accordance with the provisions;

(2) Altering, leasing, lending, forging or illegally transferring the pollutant discharge permit.

Twenty-sixth environmental protection administrative departments and their staff in any of the following circumstances, shall be ordered by their superior administrative organs or supervisory organs to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions; If the case constitutes a crime, criminal responsibility shall be investigated according to law;

Dereliction of duty, breach of privilege, corruption;

(2) Issuing pollutant discharge permits to applicants who do not meet the application conditions;

(three) beyond the statutory authority to issue sewage permits;

(four) in violation of legal procedures to issue sewage permits.

Chapter VII Supplementary Provisions

Twenty-seventh sewage permit and sewage permit application registration form shall be uniformly stipulated by the provincial environmental protection administrative department and supervised by the producer.

Article 28 These Measures shall come into force as of May, 2065438 1 day.