Decree of the People’s Government of Guangdong Province
No. 199
Measures of Guangdong Province for the Pollutant Discharge Permitsadopted at the Sixteenth Executive Meeting of the Twelfth Session of the People’s Government of Guangdong Province on December 4, 2013 are hereby promulgated and shall become effective as of April 1, 2014.
Governor
Zhu Xiaodan
January 27, 2014
Measures of Guangdong Province for the Pollutant Discharge Permit
Chapter I General Provisions
Article 1
These Measures are formulated for the purposes of strengthening the supervision and regulation of pollution sources, and regulating the pollutant discharge in accordance with Law of the People’s Republic of China on the Prevention and Control of Atmospheric Pollution, Law of the People’s Republic of China on the Prevention and Control of Water Pollution, Administrative Licensing Law of the People’s Republic of China and Regulations of Guangdong Province on Environmental Protection and in light of the actual situation of this Province.
Article 2
The pollutant-discharging units which engage in any of the following forms of pollutant discharge within the administrative region of this Province shall obtain a Pollutant Discharge Permit:
(1) Discharging atmospheric pollutants;
(2) Discharging industrial wastewater, medical wastewater and other wastewater and sewage containing heavy metals, pathogens and other toxic and harmful substances;
(3) Operating centralized waste water treatment facilities in cities and towns, industrial parks or development zones;
(4) Operating intensive livestock or poultry farms; and
(5) Other activities subject to the Pollutant Discharge Permit as required by law.
These Measures do not apply to the dumping of solid waste, pollutant discharge by crop plantation or by non-intensive poultry or livestock farms, pollutant discharge from such mobile sources of pollution as motor vehicles, railway locomotives, ships and aircrafts, pollutant discharge by residents, radioactive and electromagnetic radiation emissions from nuclear facilities and application projects of nuclear technology as well as electromagnetic radiation projects.
Article 3
The pollutant-discharging units are encouraged to reduce the total amount of pollutant discharge with the help of advanced technology and management expertise. Where a pollutant-discharging unit manages to reduce the amount of major pollutants that it discharges, the total amount of such pollutants so reduced may be converted into an appropriate number of credits, which, upon being verified and confirmed by the competent environmental protection department, may either be retained by the unit or transferred by the unit on a payable basis. Specific measures for implementing such practice shall be formulated by the provincial People’s Government.
Article 4
The competent environmental protection departments at all levels shall scientifically determine the amount of pollutants that each pollutant-discharging unit is permitted to discharge, giving proper consideration to such factors as the requirements of environmental-functional zoning, the targets of pollutants discharge reduction, and the performance of the industry in which the unit belongs to in pollutant discharge control.
Article 5
The provincial environmental protection department shall carry out a unified supervision and guidance over the management of Pollutant Discharge Permit. The environmental protection departments at or above the prefecture level are responsible for the verification, issuance, supervision and management of Pollutant Discharge Permit within their respective administrative regions.
Should any dispute arise between two departments in connection with the authority to manage Pollutant Discharge Permit, such dispute shall be referred to the superior environmental protection department to which such disputing environmental protection departments are subordinate.
Chapter II Application Conditions and Procedures for the Permit
Article 6
The pollutant-discharging units shall apply for and obtain a discharge permit before they may discharge pollutants.
Article 7
The application for the Pollutant Discharge Permit by the units shall be subject to the following conditions:
(1) The environmental impact assessment documents for construction projects have been approved or re-examined and approved by the competent environmental protection departments in accordance with relevant provisions;
(2) Having possessed facilities of pollution prevention and control and capabilities of pollutants processing that meet the requirements of both national and local standards. Where a pollutant-discharging unit commissions another entity to operate its environmental pollution control facilities, such operation unit shall have the requisite qualifications for operating environmental pollution control facilities;
(3) Having applied for the registration of pollutant discharge in accordance with relevant provisions;
(4) Having formulated emergency response plans for pollution accidents and have the necessary equipment and facilities for such emergency response;
(5) Having set up pollutant discharging outlets in accordance with relevant standards and technical specifications;
(6) Where there is a limit for the total amount of pollutants to be discharged, such limit shall meet the requirements of both the environmental functional zoning and the total amount of pollutants permitted for the local area;
(7) Having installed automatic pollution-source monitoring facilities as required, and linked such facilities to the automatic monitoring system of the competent local environmental protection department; and
(8) Other circumstances as stipulated by other laws, regulations and rules.
Article 8
A pollutant-discharging unit that applies for Pollutant Discharge Permit for the first time shall submit the following evidential materials:
(1) The essential information of the pollutant-discharging unit and such legal identification documents as the Business License or Organization Code Certificate of such unit;
(2) Official reply by the competent department for the environmental impact assessment documents of the construction projects;
(3) Certification proving that the completed construction projects have passed the final acceptance inspection; and
(4) Other evidential materials as required by other laws, regulations and rules.
Where trial production or trial operation is necessary for a completed project prior to the final acceptance inspection of such project, evidential materials under the above paragraphs 1, 2 and 4 as well as a self-inspection report concerning the implementation of the official reply by the competent department for the environmental impact assessment documents shall also be provided.
Article 9
The competent environmental protection department shall, within twenty (20) days after receiving an application for a Pollutant Discharge Permit, examine the evidential materials submitted by the applicant, and issue a Pollutant Discharge Permit and release a public announcement thereon if it is found that the applicant meets the qualification conditions; where the applicant fails to meet the qualification conditions, the competent environmental protection department shall issue the applicant with a written notice and give reasons for such failure.
Article 10
A Pollutant Discharge Permit consists of an original and a duplicate, which shall have the same legal effect.
The original of the Pollutant Discharge Permit shall specify the following information:
(1) Name, address, legal representative or person in charge of the pollutant discharging unit;
(2) The industry that the pollutant discharging unit belongs to;
(3) Type(s) and concentration limit of the pollutant that the unit is allowed to discharge, as well as the limit of the total amount of major pollutants that the unit is allowed to discharge;
(4) Effective period of the Permit;
(5) Issuing authority, issuing date and serial number of the Permit;
Aside from the above information, the duplicate of the Permit shall also specify the following information:
(1) Such requirements as the way of pollutants discharging as well as the destination of the pollutants so discharged;
(2) The number of pollutants discharging outlets, as well as the name, serial number and location of each outlet;
(3) The main production technique and equipment of the unit;
(4) The pollutant processing technique and capacity of the unit;
(5) National or local standards applicable to the pollutant discharge;
(6) The total amount of pollutants to be reduced by the unit as well as the time limit for such reduction, where tasks are set out for the unit in connection with controlling the total amount of pollutants; and
(7) Other information required.
Article 11
Where there is any change to the name, address, legal representative or person in charge of a pollutant-discharging unit, or to the type (s) or density of pollutants that the unit is permitted to discharge, to the limit on the total amount of major pollutants that the unit is permitted to discharge, or to any of the items as are specified under Paragraphs 1-4 of Clause 3, Article 10 hereof, the pollutant-discharging unit shall, within fifteen (15) days after the occurrence of such change, apply to the original issuing department for alteration of the Permit. The issuing department shall, within fifteen (15) working days after the date of receiving the application, complete the examination and shall complete relevant alteration procedure if such application meets the requisite conditions.
Article 12
Where there is any change to the state or local standards that the pollutant discharge by an unit is subject to, or to the limit on the total amount of major pollutants that the unit is permitted to discharge, or to the environmental functional zoning that the unit is subject to, the competent environmental protection department may alter the corresponding items as indicated on the Pollutant Discharge Permit of the unit, or require the unit to apply for a new Pollutant Discharge Permit.
Article 13
The maximum effective term of the Pollutant Discharge Permit may not exceed five years. The maximum effective term of the Pollutant Discharge Permit for the trial production or operation of a project may not exceed one year.
Article 14
Where a pollutant-discharging unit intends to renew its Pollutant Discharge Permit, it shall apply to the original issuing department of such permit for the renewal thereof within 30 days prior to the expiration of such Permit by submitting the following materials:
(1) An environmental monitoring report issued by a duly qualified environmental monitoring agency certifying that the unit has met the requirement for the frequency of environmental monitoring during the latest one year period, or data and equipment operation certification issued by the authority in charge of the day-to-day regulation of automatic monitoring facilities for pollution sources;
(2) Annual pollutant-discharge application and registration materials as verified and confirmed by the competent environmental protection department; and
(3) Where the unit has installed automatic pollution source monitoring facilities as required, it shall also provide materials in connection with the final acceptance inspection of such facilities.
The competent environmental protection department shall review the renewal application submitted by the unit. Such renewal shall be permitted if it meets the requisite conditions; if it fails to meet the requisite conditions, a written notice shall be issued to the applicant and the reasons for such failure shall be given.
Article 15
Under any of the following circumstances, the Pollutant Discharge Permit shall not be renewed after the expiration:
(1) Where the pollutant-discharging unit holding such Permit fails to complete its tasks in connection with eliminating obsolete production capacity within the prescribed time limit;
(2) Where the area in which the unit holding such Permit is located begins to prohibit or restrict discharge of pollutants due to an adjustment in environmental functional zoning arrangement; and
(3) Other circumstances as stipulated by applicable laws, regulations and rules.
Article 16
Where the Pollutant Discharge Permit of a pollutant-discharging unit is lost or damaged, such unit shall promptly report to the issuing authority of such Permit for replacement within fifteen (15) days; the issuing authority shall issue the permit after verification and shall release a public announcement on such replacement.
Chapter III Supervision and Regulation
Article 17
The original of the Pollutant Discharge Permit of a pollutant-discharging unit shall be displayed at its main office premises or major production and business premises.
Article 18
During the effective term of the Permit, the pollutant-discharging unit shall perform the following obligations:
(1) To apply and register its pollutant discharge in accordance with relevant provisions;
(2) To standardize the arrangement of its pollutant-discharging outlets in accordance with relevant provisions;
(3) To ensure the normal use of its pollution prevention and control facilities, and without the approval of the competent environmental protection authority, such facilities shall not be dismantled or left unused;
(4) To comply with the requirements of the Permit in terms of the types, concentration and total amount of pollutants permitted to discharge, as well as the place, manner and destination of its pollutant discharge, and to refrain from setting up any unapproved outlet or evading supervision or regulation by any other means;
(5) Where there is any significant change to the profile of the pollutant-discharging unit, including such change to the types, concentration or maximum limit of pollutants permitted to discharge, or to the location of its pollutant discharge, the unit shall timely apply to the competent environmental protection department for alteration of the Permit;
(6) To inspect its automatic pollution source monitoring facilities on a regular basis, carry out monitoring in accordance with relevant provisions and submit reports on its pollutant discharge to the competent environmental protection department;
(7) To pay pollutant discharge fees in accordance with relevant provisions;
(8) To disclose information on its discharge of major pollutants in accordance with relevant provisions and to subject itself to the inspections and pollutant discharge monitoring by the competent environmental protection department;
(9) To keep a ledger book for its pollutant discharge and pollution control, so as to record the implementation of tasks in connection with the Pollutant Discharge Permit; and
(10) Other obligations as stipulated by laws, regulations and rules.
Article 19
The environmental protection departments shall enhance their supervision and inspection on the implementation of tasks in connection with the Pollutant Discharge Permit by the pollutant-discharging units through, inter alia, automatic monitoring systems, on-site inspections and written verification, shall keep records on the supervision and inspection as well as handling of situations uncovered in such inspection, and shall keep archives on the regulation of Pollutant Discharge Permit.
Article 20
Where a pollutant-discharging unit is under any of the following circumstances, the competent environmental protection department which has issued the Pollutant Discharge Permit to it shall cancel the Pollutant Discharge Permit:
(1) Where it fails to have the Pollutant Discharge Permit renewed before the expiration thereof;
(2) Where it ceases to discharge pollutants because, inter alia, it ceases operation or switches to other production;
(3) Any other circumstances under which its Pollutant Discharge Permit shall be canceled in accordance with law.
Article 21
An environmental protection department shall, on an annual basis, submit to the competent people’s government of which it is a department as well as to the superior environmental protection department, a report on the issuance, supervision and regulation of Pollutant Discharge Permit within its administrative region in the previous year.
Article 22
A province-wide unified information platform shall be set up for the regulation of the Pollutant Discharge Permit.
The provincial environmental protection department shall be responsible for the development, management and maintenance of the platform. The environmental protection departments at or above the prefecture level shall, within ten days after the end of each quarter of a year, report via the platform to the provincial environmental protection department the information on the issuance, alteration, withdrawal, revocation or cancellation of the Pollutant Discharge Permit within their respective administrative region during the previous quarter.
Article 23
The environmental protection departments shall, in accordance with the provisions of the state and the province on disclosure of government information, release information concerning the verification, issuance, supervision and regulation of the Pollutant Discharge Permit to the public in a timely manner.
Article 24
Environmental protection departments shall enhance their guidance, supervision and regulation of their subordinate environmental protection departments in their management of Pollutant Discharge Permit, and timely correct any illegal or irregular conducts of such subordinate departments in managing the Pollutant Discharge Permit.
Chapter IV Legal Liability
Article 25
Where any unit, in violation of Article 2 of these Measures, discharges the pollutants without obtaining the Pollutant Discharge Permit in accordance with the law, the competent environmental protection departments at or above the county level shall, in accordance with Paragraph 2, Article 43 of theRegulations of Guangdong Province on Environmental Protection, order such unit to stop such pollutant discharge, and impose thereon a fine of not less than 50,000 yuan but not more than 100,000 yuan; where such pollutant discharge results in serious environmental pollution or the unit fails to cease such pollutant discharge within the prescribed time limit, the competent people’s government at or above the county level shall order the unit to suspend operation.
Article 26
Where a pollutant-discharging unit fails to comply with any of the terms of the Permit concerning pollutant discharge and such failure involves any of the following circumstances, the competent environmental protection departments at or above the county level shall, in accordance with Paragraph 1, Article 43 of the Regulations of Guangdong Province on Environmental Protection, order such unit to make corrections within a prescribed time limit, and may impose on such unit a fine of not less than 10,000 yuan but not more than 50,000 yuan; where the circumstances of such failure are serious or the unit fails to make the corrections within the prescribed time limit, the administrative department that issues the unit with the Pollutant Discharge Permit may revoke such Permit; where the unit is suspected of constituting an environmental crime, it shall be referred to competent judicial authority for investigating criminal liability:
(1) Where the unit discharges unprocessed pollutants into the environment through unauthorized outlets or other means intended to evade supervision and regulation, and the pollutants so discharged fail to the meet the discharge standards or requirements as specified by the Pollutant Discharge Permit;
(2) Where the unit fails to properly use its pollutant processing facilities and hence discharges unprocessed pollutants or improperly processed pollutants into the environment, and the average concentration of the pollutants so discharged is over 5 times of the maximum level allowed by the Pollutant Discharge Permit;
(3) Where the unit’s pollutant discharge exceeds the standard for more than twice in half a year, and the average concentration of the pollutants so discharged is over three times the level allowed by the Pollutant Discharge Permit;
(4) Where the unit discharges the pollutants whose total amount of discharge is subject to the state control, the total amount of such pollutant discharge exceeds the annual quota allocated for the unit by 20% or more; and
(5) Where the unit fails to discharge pollutants in accordance with the terms of the Pollutant Discharge Permit, which results in a significant adverse impact on the public or involves any other serious circumstances.
Article 27
Where a pollutant-discharging unit fails to undergo the alteration procedure for its Pollutant Discharge Permit in accordance with Article 11 of these Measures, the competent environmental protection department shall order such unit to make corrections within a prescribed time limit; where such unit fails to make corrections within the prescribed time limit, it shall be subject to a fine of not less than 5,000 yuan but not more than 20,000 yuan.
Article 28
Where a pollutant-discharging unit engages in altering, leasing, lending, or otherwise illegally transferring its Pollutant Discharge Permit, the competent environmental protection department shall order such unit to make corrections within a prescribed time limit and shall impose a fine of not less than 10,000 yuan but not more than 50,000 yuan against such unit.
Article 29
Where any staff member of an environmental protection department engages in any of the following conducts, he or she shall be penalized in accordance with law; where it is suspected of committing a criminal offense, he or she shall be referred to the competent judicial departments for criminal investigation:
(1) Issuing a Pollutant Discharge Permit to any unit that fails to meet the conditions under these Measures;
(2) Failing to investigate any unit that illegally discharges pollutants without obtaining a Pollutant Discharge Permit in accordance with law, or failing to take proper actions after receiving reports against such violations;
(3) Failing to fulfill the duty to supervise and regulate any unit that legally obtains the Pollutant Discharge Permit, or failing to investigate any uncovered violation of these Measures; or
(4) Any other conducts involving abuse of power, dereliction of duty or illegalities for personal gains or by fraudulent means.
Chapter V Supplementary Provisions
Article 30
The competent environmental protection departments at or above the prefecture level may, in accordance with these Measures, formulate respective specific working procedures thereof.
Article 31
The format of the original and the duplicate of the Pollutant Discharge Permit as well as relevant application documents shall be uniformly prescribed by the provincial environmental protection department, and such Permit and documents by be printed by the competent environmental protection departments at all levels.
Article 32
No fee shall be charged for the Pollutant Discharge Permit.
Article 33
The Pollutant Discharge Permit obtained by the units before these Measures become effective shall remain valid and effective; however, where the units need to apply for alteration to the Permit or to re-apply for a new Permit owing to any change in circumstances, these Measures shall apply.
Article 34
The Pollutant Discharge Permit shall be uniformly coded across the province in a 16-digit number in the form of “XXXXXX－YYYY-ZZZZZZ”, of which XXXXXX refers to the code of the administrative region in which the department issuing the Permit is located, YYYY refers to the year in which the Permit is issued, and ZZZZZZ refers to the annual serial number of the Permit.
Article 35
For the purpose of these Measures, an intensive livestock or poultry farm means a farm that has a regular average annual output of over 500 pigs or more than 100 beef cows, or more than over 50,000 broiler chicken, or has over 100 dairy cattle or 10,000 layer hens, as well as other types of livestock or poultry farms whose size meets any of the aforementioned conditions. The assessment method of other types of livestock or poultry farms shall be subject to Pollutant Discharge Standards for the Livestock and Poultry Farming Industry (DB44/613-2009).
For the purpose of these Measures, medical wastewater means wastewater emitted from, inter alia, clinics, wards, operation rooms, all kinds of laboratories, pathological dissection rooms, radiation rooms, laundry rooms and mortuaries of medical institutions, including wastewater generated by diagnosis, treatment, daily life and fecal sewage of such institutions. Other types of wastewater generated by medical institutions shall, when mixed with the above-mentioned wastewater, be deemed as medical waste water.
Article 36
These Measures shall become effective as of April 1, 2014.
