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Administrative Measures
of the Shenzhen Special Economic Zone
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on Permit for Pollutant
Discharge
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(Discussed
and Adopted at the One Hundred Forty-Third Executive Meeting of
the Second Session of
the Shenzhen Municipal People' s
Government on August 5, 1999 and promulgated by Decree No. 87 of
the Shenzhen Municipal People' s Government) |
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Chapter I General
Provisions
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Article 1 In order to
strengthen the environmental supervision and management, prevent
and control the environmental
pollution, and improve the
environmental quality, these measures are formulated hereby in
accordance
with Regulations of the Shenzhen Special Economic
Zone on Environmental Protection. |
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Article 2 Any
production and operation discharging pollutants and affecting
the environmental quality shall
abide by these measures. |
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Article 3 The
implementation of these measures shall be organized by the
administrative department of the
Shenzhen Municipal People' s
Government in charge of environmental protection (hereinafter
referred
to as "the municipal department of environmental
protection" ); all the district departments of environmental
protection shall, in compliance with these measures, fulfill the
duty of administration of permit
for pollutant discharge under
the direction of the municipal department of environmental
protection. |
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All the related departments of the municipal and district
people' s governments shall be of assistance according
to their
functions. |
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Article 4 The
administration of permit for pollutant discharge shall follow
the principle of combination of
density control with total
amount control, effectively control the sources of serious
pollution. |
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Chapter II Application
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Article 5 The unit
(hereinafter referred to as "pollutant discharging unit" )
shall hold a permit for pollutant
discharge, if it produces, in
its production and operation, waste water, waste gas, waste
residue,
industrial dust, foul odor, noise, vibration,
radioactive materials: |
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(1)
industrial production causing serious or slight effects
on the environment; |
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(2)
food and beverage, service, and entertainment industries; |
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(3)
hospitals, telecommunication engineering, broadcast and
television transmitting, film-making; |
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(4)
urban waste water disposal plants, garbage (waste)
disposal fields (plants); |
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(5)
other productions and operations which discharge waste
and seriously affect the environmental quality. |
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Article
6 In
order to apply for a permit for pollutant discharge, reporting
and registration of pollutant
discharge, according to law, shall
be done in the first place. |
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If production has been started without either examination
and approval or check and acceptance concerning environmental
protection, complying with the procedure for the examination and
approval or the check and acceptance
shall be required to be
completed before applying for a permit for pollutant discharge. |
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Article 7 In
order to apply for a permit for pollutant discharge, a report
shall be filed to the department
of environmental protection
about the discharged pollutant' s category, amount, density,
discharge
place, discharge direction, way of discharge, sample
at the pollutant discharge outlet, and current measuring
conditions; or the category and number of noise sources and the
intensity of noise; or the solid
waste' s category, amount,
moving direction, storage, utilization, or disposal places. |
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Article 8 The
following units shall apply to the municipal department of
environmental protection for a permit
for pollutant discharge: |
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(1)
the pollutant discharge units which have been given
priority of environmental protection management; |
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(2)
the pollutant discharge units in the drinking water
protection region of "Dong-Shen Water Supply" ; |
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(3)
the pollutant discharge units in the special regions of
environmental protection; |
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(4)
the other pollutant discharge units which seriously
affect the environment. |
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The
pollutant discharge units not included in the above section
shall apply to their |
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respective
location-related district departments of environmental
protection for a permit for pollutant
discharge. |
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Chapter III Examination
and Issue of Permit
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Article 9 The
total amount control of discharged pollutants shall be put on
the pollutant discharging units
in the following areas and
industries: |
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(1)
drinking water protection regions, natural conservation
areas, and other special areas for environmental protection; |
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(2)
dyeing, electroplating, tanning, integrated circuit, and
other industries causing serious environmental pollution; |
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(3)
the sources of pollutants under high-priority management
of environmental protection; |
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(4)
the sources of water pollution discharging COD,
petroleum, mercury, cadmium, chromium, arsenic, lead, cyanogen
compound, etc. |
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(5)
the other sources of pollutants under total amount
control according to the rules set by the state. |
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As
for the sources of pollutants not under total amount control,
they shall be put under density
control. |
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Article 10 The department of environmental protection shall appraise
and decide the density (intensity) index and the permitted
total
amount of pollutant discharge for an applying unit in accordance
with the plan of pollutant
discharge control and in the light of
the scale of the applying unit' s production as well as the
level of production and technology of the units in the same
industry. |
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The plan of pollutant discharge control shall be made by
the municipal department of environmental protection in
accordance with the environmental protection plan and the
environmental protection targets and
in the light of economic
and technological conditions as well as environmental
situations. The
plan shall be evaluated and proved by experts,
and suggestions shall be solicited from the public. |
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Article 11 For the units in food and beverage, service, and
entertainment which have arrangements for centralized disposal
of urban waste water, the index of density control for their
waste water discharge may be liberalized
to a proper extent upon
approval from the department of environmental protection. |
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Article 12 After accepting an application for a permit for pollutant
discharge, the department of environmental protection shall
give
a reply in 30 days, and may extend the time limit if it is
indeed necessary to do so for a
special situation, but no more
than 30 days. |
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Article 13 If the pollutant discharging unit which has already been
built up and put into production does not discharge pollutants
beyond the density (intensity) control index and the permitted
total amount, a permit for pollutant
discharge shall be issued;
if the pollutant discharge exceeds the density index and the
permitted
total amount, a temporary permit for pollutant
discharge shall be issued and a deadline shall be set for
rectification. |
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The unit holding a temporary permit for pollutant
discharge shall complete rectification by the designated
deadline, apply to the department of environmental protection
for check and acceptance concerning environmental
protection, if
it is proved to be up to standard in the check and acceptance, a
permit for pollutant
discharge shall be issued; if it is not up
to standard, a permit shall not be issued and the temporary
permit for pollutant discharge shall automatically cease to be
valid. |
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Article 14 For a new construction project, the department of
environmental protection shall issue a permit for pollutant
discharge after it is proved to be up to standard through the
procedure of check and acceptance; if
it is proved to be not up
to standard in the procedure of check and acceptance, a permit
shall
not be issued. |
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Article 15 If an applying unit has different opinion on the approved
density (intensity) control index, permitted total amount,
location of pollutant discharge outlet, way of pollutant
discharge, discharge direction, discharge
time, etc., it may
appeal in writing to the department of environmental protection
which has made
the appraisal and decision in this case, and the
department of environmental protection shall reply in 15 days
after receiving the appeal. |
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Article 16 If the department of environmental protection has decided
not to issue a permit for pollutant discharge, it shall
give a
written reply and reasons as well; if an applying unit has a
complaint about the decision
not to issue a permit, it may,
according to law, apply for an administrative review or bring an
administrative suit. |
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Article 17 A permit for pollutant discharge or a temporary permit
for pollutant discharge has both the original and a copy.
The
original of a permit shall make clear the contents of the
following (1), (3), (5), (9); the
copy of a permit shall make
clear the contents of all the following items: |
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(1)
the name, the address, and the legal representative of
permit-holding unit; |
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(2)
the primary production equipments and the main products,
the major facilities for prevention and control of environmental
pollution and their disposal capacities; |
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(3)
the category, the density (intensity) control index and
the permitted total amount of discharged pollutants; |
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(4)
the location of pollution discharge outlet, the rules on
the way, direction and time of pollutant discharge; |
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(5)
the term of validity for the permit; |
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(6)
the time, record of the annual permit inspection; |
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(7)
the other primary matters which should abide by the
environmental protection law, rules; |
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(8)
the record of violation of law, rules; |
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(9)
the government office issuing the permit and the issuing
date. |
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Article
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The term of validity for a permit for pollutant discharge shall
be 5 |
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years;
the term of validity for a temporary permit for pollutant
discharge shall be no more than
1 year. |
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Article 19 Three months before a permit for pollutant discharge
expires, the permit-holding unit shall apply to the
permit-issuing department of environmental protection for
exchange for a new one. |
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Chapter IV Supervision
and Management
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Article 20 The
pollutant discharging unit shall abide by the following rules: |
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(1)
the pollutant discharge outlet shall be regulated
according to the requirements of the department of environmental
protection, and a sign shall be set; |
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(2)
the density (intensity) and total amount of pollutant
discharge shall not exceed the control index set in the permit
for pollutant discharge; |
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(3)
the category, way, direction and time of pollutant
discharge shall meet the stipulation in the permit for pollutant
discharge; |
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(4)
monitoring and measuring shall be conducted in accordance
with the rules, and the pollutant discharge shall be reported
to
the department of environmental protection. |
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Article
21 If
the main items set by a permit for pollutant discharge have
changed, |
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the
permit-holding unit shall apply to the department of
environmental protection for changing. |
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Article 22 If a permit-holding unit has temporarily stopped
production and pollutant discharge within the term of validity
for the permit, it shall handed in the permit for pollutant
discharge to the department of environmental
protection; when
the production is resumed and the pollutant discharge has to be
done, the permit
for pollutant discharge shall be returned after
the department of environmental protection has evaluated the
environmental protection facilities, and checked and accepted
them as being up to standard. |
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If a permit-holding unit has been closed down, bankrupt,
or forced to stop production and operation for other reasons,
the permit shall be handed in to the department of environmental
protection. |
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Article 23 The original of a permit for pollutant discharge or a
temporary permit for pollutant discharge shall be posted in
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main office or in the primary places of production and
operation. |
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Article 24 Both permit for pollutant discharge and temporary permit
for pollutant discharge shall not be forged, altered, rented,
lent, transferred, or sold. |
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Article 25 The department of environmental protection shall
strengthen the inspection of permit-holding units on the spot
and the monitoring of pollutant discharge, the units under
inspection shall report the truth and
provide the related
information. |
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The inspection on the spot shall be conducted by two or
more than two people, showing the certificate for administrative
law enforcement and preserving the secrets of technology and
business for the inspected. |
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Article 26 The permit for pollutant discharge shall have annual
inspections, a permit-holding unit shall, according to the month
of issuing the permit for pollutant discharge, bring the copy of
the permit to the permit-issuing
department of environmental
protection to apply for an annual inspection in the same month
every
year afterward, the department of environmental protection
shall examine the main items of the permit. |
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Chapter V Legal
Liability
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Article 27 If pollutants
have been discharged without a permit for pollutant discharge or
a temporary permit
for pollutant discharge, the department of
environmental protection shall impose a fine of more than 20,000
but less than 100,000 RMB, and order those, which, according to
law, shall be ordered to stop production
or operation by the
department of environmental protection, to stop production or
operation. |
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Article 28 If
a unit holding a temporary permit for pollutant discharge has
not completed the rectification
for pollution by the deadline in
violation of Article 13 of these measures, the department of
environmental
protection shall impose a fine of more than 10,000
but less than 50,000 RMB. |
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Article 29 If
a unit holding a permit for pollutant discharge or a temporary
permit for pollutant discharge
has violated Items (1), (3), (4)
of Article 20 of these measures, the department of environmental
protection shall order a correction and may also impose a fine
of more than 5,000 but less than 20,000 RMB; if
the case is
serious, a fine of more than 20,000 but less than 50,000 RMB
shall be imposed. |
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Article 30 If
a permit-holding unit has violated Item (2) of Article 20 of
these measures, the department of
environmental protection shall
order a rectification by a deadline and also impose a fine of
more
than 5,000 but less than 20,000 RMB; if the rectification
has not been done after the deadline, a fine of more than
20,000
but less than 50,000 RMB shall be imposed and the permit for
pollutant discharge shall be
revoked if this should be done by
the department of environmental protection according to law. |
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Article 31 If
a permit-holding unit has violated Article 22 of these measures,
the department of environmental
protection shall order a
correction and also impose a fine of more than 5,000 but less
than 20,000
RMB; if the case is serious, a fine of more than
20,000 but less than 100,000 RMB shall be imposed. |
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Article 32 In
case of violation of Article 23 of these measures, the
department of environmental protection
shall order a correction
by a deadline and also impose a fine of more than 1,000 but less
than
5,000 RMB. |
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Article 33 In
case of violation of Article 24 of these measures, the
permit-issuing department of environmental
protection shall
impose a fine of more than 5,000 but less than 20,000 RMB; if
the case is serious,
a fine of more than 20,000 but less than
50,000 shall be imposed. |
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Article 34 If
a unit holding a permit of pollutant discharge has not
participated in an annual inspection in
violation of Article 26
of these measures, the department of environmental protection
shall impose
a fine of more than 5,000 but less than 20,000 RMB;
if a unit has not participated in annual inspections in two
consecutive years, the permit shall cease to be valid. |
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Article 35 Before
making a decision on administrative punishment, the department
of environmental protection
shall, in compliance with
Administrative Punishment Law of the People' s Republic of
China and
the related rules, follow the procedure of informing
and defending; if a hearing should be held, the party concerned
shall be informed of having the right to ask for a hearing. |
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Article 36 If
any staff member of supervision and management of environmental
protection abuses power, neglects
duties, practices favoritism
and engages in irregularities, the unit this member belongs to
or
the responsible office at the higher level shall inflict an
administrative penalty; if there is a criminal offence,
the
criminal responsibility shall be ascertained. |
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Article 37 If
the party concerned has refused to accept an administrative
penalty, the first section of Article
52 of Regulations of
Shenzhen Special Economic Zone on Environmental Protection shall
be followed. |
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Chapter VI Supplementary
Provisions
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Article 38 The units which
have already been built up and put into production shall apply
for permits for pollutant
discharge according to the time set by
the municipal department of environmental protection. |
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Article 39 These
measures shall take effect as of the promulgating date. |
