Faced with fines ranging from 100000 to one million yuan, if the circumstances are serious and approved by the competent people's government, the polluting units shall be suspended or closed:
Exceeding emission standards or exceeding key atmospheric pollutants;
The total control indicators for the discharge of two key water pollutants include the discharge of water pollutants and air pollutants;
3. Stealing, 4. Tampering, or 5. Falsifying monitoring data;
6. Discharging air pollutants by temporarily suspending production, opening emergency discharge channels in non emergency situations, or operating air pollution prevention and control facilities abnormally to evade supervision for the purpose of evading on-site inspections;
Using infiltration wells, infiltration pits, cracks, and caves, setting up hidden pipes, tampering with and falsifying monitoring data;
Improper operation of water pollution prevention and control facilities and other means of evading supervision to discharge water pollutants;
Faced with being ordered to rectify, restrict production, suspend production for rectification, and impose a fine of not less than 100000 yuan but not more than 1 million yuan; If the circumstances are serious, with the approval of the people's government with approval authority, it shall be ordered to suspend business or close down:
9. It is required by law to apply for a pollutant discharge permit but has not been applied for;
10. Discharging pollutants without obtaining a pollutant discharge permit after application;
11. Failure to apply for renewal of the pollutant discharge permit after its expiration date;
12. Those who continue to discharge pollutants without obtaining a permit from the environmental protection department;
13. Those who continue to discharge pollutants after their pollutant discharge permit has been revoked in accordance with the law;
Impose a fine of not less than 20000 yuan but not more than 200000 yuan; Those who refuse to make corrections shall be ordered to suspend production and rectify in accordance with the law
14. Failure to monitor industrial waste gas, toxic and harmful air pollutants, and water pollutants emitted in accordance with regulations, or failure to keep original monitoring records;
15. Failure to install automatic monitoring equipment for air and water pollutants in accordance with regulations, or failure to ensure the normal operation of monitoring equipment;
16. Failure to connect with the monitoring equipment of the environmental protection department in accordance with regulations, or failure to ensure the normal operation of the monitoring equipment.
Management Measures for Pollutant Discharge Permits
(Trial)
General Provisions
Article 1: In order to standardize the management of pollutant discharge permits, this method is formulated in accordance with the Environmental Protection Law of the People's Republic of China, the Water Pollution Prevention and Control Law of the People's Republic of China, the Air Pollution Prevention and Control Law of the People's Republic of China, and the Implementation Plan for the Control of Pollutant Discharge Permit System issued by the General Office of the State Council.
Article 2: The application, issuance, execution of pollutant discharge permits, as well as the supervision and punishment related to pollutant discharge permits, shall be governed by these Measures.
Article 3: The Ministry of Environmental Protection shall formulate and publish a list of classified management of fixed pollution source discharge permits in accordance with the law, clarifying the scope and application time limit for inclusion in the discharge permit management.
Enterprises, institutions, and other producers and operators (hereinafter referred to as polluting units) included in the classified management list of fixed pollution source discharge permits shall apply for and obtain discharge permits within the prescribed time limit; Polluting units that are not included in the classified management list of fixed pollution source discharge permits do not need to apply for a discharge permit temporarily.
Article 4 Polluting units shall hold a pollutant discharge permit in accordance with the law and discharge pollutants in accordance with the provisions of the pollutant discharge permit.
Those who should have obtained a pollutant discharge permit but have not, shall not discharge pollutants.
Article 5: Key management of pollutant discharge permits shall be implemented for polluting units that generate large amounts of pollutants, discharge large amounts of pollutants, or have high levels of environmental harm, while simplified management of pollutant discharge permits shall be implemented for other polluting units.
The specific scope of pollutant discharge units that implement key or simplified management of pollutant discharge permits shall be implemented in accordance with the classification management directory of fixed pollution source pollutant discharge permits. The content and requirements for implementing key management and simplified management shall be implemented in accordance with the relevant technical specifications and guidelines for pollutant discharge permits stipulated in Article 11 of these Measures.
The environmental protection authorities at or above the city level with districts shall designate the polluting units that implement key management of pollutant discharge permits as key polluting units.
Article 6: The Ministry of Environmental Protection is responsible for guiding the implementation and supervision of the national pollutant discharge permit system. The provincial environmental protection authorities are responsible for organizing, implementing, and supervising the pollutant discharge permit system in their respective administrative regions.
The environmental protection department at the city level where the production and operation site of the polluting unit is located is responsible for issuing the pollutant discharge permit. If local regulations have other provisions on the issuance authority, follow their provisions.
Article 7: Polluting units belonging to the same legal entity or other organization but located in different production and operation sites shall apply for a pollutant discharge permit in the name of their affiliated legal entity or other organization to the environmental protection department (hereinafter referred to as the issuing environmental protection department) with the authority to issue the permit at the location of the production and operation site.
When the production and operation site and the discharge outlet are located in different administrative regions, the environmental protection department in the place where the production and operation site is located shall be responsible for issuing the pollutant discharge permit, and shall solicit the opinions of the same level environmental protection department in the place where the discharge outlet is located before issuing it.
Article 8: According to relevant laws and regulations, the competent department of environmental protection shall implement comprehensive permit management for the discharge of various pollutants such as water pollutants and air pollutants by polluting units.
Polluting units that have obtained environmental impact assessment approval opinions for construction projects on or after January 1, 2015 shall include the main content related to pollutant emissions in the environmental impact assessment documents and approval opinions in their pollutant discharge permits.
Article 9: The Ministry of Environmental Protection shall implement unified coding management for pollutant discharge units, their production facilities, pollution prevention and control facilities, and discharge outlets that implement pollutant discharge permit management.
Article 10: The Ministry of Environmental Protection is responsible for the construction, operation, maintenance, and management of the National Pollutant Discharge Permit Management Information Platform.
The application, acceptance, review, issuance, modification, extension, cancellation, revocation, and replacement of a pollutant discharge permit shall be conducted on the National Pollutant Discharge Permit Management Information Platform. The self-monitoring and execution reports of polluting units, as well as the supervision and enforcement information of environmental protection authorities, shall be recorded on the National Pollutant Discharge Permit Management Information Platform and made public on the platform in accordance with the provisions of these Measures.
The electronic information related to the pollutant discharge permit recorded in the National Pollutant Discharge Permit Management Information Platform has the same legal effect as the original and copy of the pollutant discharge permit in accordance with the law.
Article 11: The Ministry of Environmental Protection shall formulate technical specifications for the application and issuance of pollutant discharge permits, technical specifications for environmental management ledgers and pollutant discharge permit execution reports, technical guidelines for self-monitoring by pollutant discharge units, feasible technical guidelines for pollution prevention and control, as well as other pollutant discharge permit policies, standards, and regulations.
Chapter 2 Content of Pollutant Discharge Permit
Article 12: The pollutant discharge permit consists of an original and a duplicate. The original contains basic information, while the duplicate includes basic information, registration items, permit items, commitment letters, and other contents.
The local environmental protection authorities at or above the city level with districts may, in accordance with local environmental protection regulations, increase the content that needs to be stated in the pollutant discharge permit.
Article 13: The following basic information shall be stated in both the original and copy of the pollutant discharge permit:
（1） Basic information of the polluting unit, including its name, registered address, legal representative or main person in charge, technical director, address of production and operation site, industry category, and unified social credit code;
（2） Basic information such as the validity period, issuing authority, issuing date, certificate number, and QR code of the pollutant discharge permit.
Article 14: The following registration items shall be declared by the polluting unit and recorded in the copy of the pollutant discharge permit:
（1） Main production facilities, main products and production capacity, main raw and auxiliary materials, etc;
（2） Production and discharge links, pollution prevention and control facilities, etc;
（3） Approval opinions on environmental impact assessment, key pollutant emission control indicators that have been lawfully decomposed and implemented in the unit, paid use and transaction records of emission rights, etc.
Article 15: The following permit items shall be applied for by the polluting unit, and after being reviewed by the issuing environmental protection department, shall be stipulated in the copy of the pollutant discharge permit:
（1） The location and quantity of emission outlets, the method and destination of pollutant emissions, and the location and quantity of unorganized emission sources of atmospheric pollutants;
（2） The types, permitted emission concentrations, and permitted emissions of pollutants from discharge outlets and unorganized emission sources;
（3） The environmental management requirements that should be followed after obtaining the pollutant discharge permit;
（4） Other licensing matters stipulated by laws and regulations.
Article 16: The issuing environmental protection department shall determine the permitted discharge concentration of the corresponding pollutants from the discharge outlets or unorganized discharge sources of the polluting units in accordance with the national and local pollutant discharge standards.
If the polluting unit promises to implement stricter emission concentrations, it shall be specified in the copy of the pollutant discharge permit.
Article 17: The issuing environmental protection department shall determine the permitted discharge amount of the polluting unit in accordance with the accounting method for the allowable discharge amount of key pollutants in the industry specified in the technical specifications for the application and issuance of pollutant discharge permits, as well as the requirements for environmental quality improvement.
For polluting units that have already implemented key pollutant emission control indicators that have been legally decomposed and implemented in their own units before the implementation of these measures, the issuing environmental protection department shall strictly determine the permitted emission amount in accordance with the industry's key pollutant allowable emission accounting method, environmental quality improvement requirements, and key pollutant emission control indicators.
For polluting units that obtained environmental impact assessment approval opinions on or after January 1, 2015, if the emission amount determined in the environmental impact assessment documents and approval opinions is stricter than the permitted emission amount determined in accordance with the first and second paragraphs of this article, the issuing environmental protection department shall determine the permitted emission amount of the polluting unit according to the requirements of the environmental impact assessment documents and approval opinions.
If the local people's government lawfully formulates environmental quality compliance plans and measures to deal with heavy pollution weather, requiring polluting units to implement stricter total control indicators for key pollutant emissions, it shall be stipulated in the copy of the pollutant discharge permit.
After the implementation of these measures, the environmental protection department shall determine the total control indicators for the discharge of key pollutants by the polluting units in accordance with the permitted discharge amount specified in the pollutant discharge permit.
Article 18: The following environmental management requirements shall be stipulated by the issuing environmental protection department in the copy of the pollutant discharge permit based on the application materials, relevant technical specifications, and regulatory needs of the pollutant discharge unit:
（1） Requirements for the operation and maintenance of pollution prevention and control facilities, as well as unorganized emission control;
（2） Requirements for self-monitoring, ledger recording, execution report content and frequency, etc;
（3） Requirements for Information Disclosure of Pollutant Discharge Units;
（4） Other matters stipulated by laws and regulations.
Article 19: When applying for a pollutant discharge permit, the polluting unit shall prepare a self-monitoring plan in accordance with the self-monitoring technical guidelines.
The self-monitoring plan should include the following contents:
（1） Monitoring points and schematic diagrams, monitoring indicators, and monitoring frequency;
（2） The monitoring and analysis methods and sampling methods used;
（3） Monitoring quality assurance and quality control requirements;
（4） Requirements for monitoring data recording, organization, and archiving.
Article 20: When filling out the application for a pollutant discharge permit, the polluting unit shall promise that the application materials for the pollutant discharge permit are complete, authentic, and legal; Promise to discharge pollutants in accordance with the provisions of the pollutant discharge permit, implement the environmental management requirements stipulated in the pollutant discharge permit, and have the legal representative or main person in charge sign or stamp it.
Article 21: The pollutant discharge permit shall come into effect from the date of the permit decision. The validity period of the first issued pollutant discharge permit is three years, and the validity period of the renewed pollutant discharge permit is five years.
The validity period of the pollutant discharge permit shall not exceed the planned elimination period for outdated process equipment or products included in the industrial policy catalog issued by the State Council's comprehensive macroeconomic regulation department in conjunction with relevant departments of the State Council.
Article 22: The competent department of environmental protection shall not charge any fees when issuing pollutant discharge permits and supervising and inspecting the implementation of pollutant discharge permits.
Chapter 3 Application and Issuance
Article 23: Provincial environmental protection authorities shall, in accordance with Article 6 of these Measures and the classification management list of fixed pollution source discharge permits, determine the environmental protection department responsible for issuing and processing discharge permit applications, application procedures, and other related matters within their administrative regions, and announce them to the public.
According to the requirements for improving environmental quality, if some regions decide to implement pollutant discharge permit management for certain industries in advance, the provincial environmental protection department in that region shall report to the Ministry of Environmental Protection for filing and implement it, and announce it to the public.
Article 24: Polluting units that have been built and actually discharge pollutants before the time limit specified in the fixed pollution source discharge permit classification management directory shall apply for a discharge permit within the time limit specified in the directory; Polluting units built after the time limit specified in the directory shall apply for a pollutant discharge permit before starting production facilities or before actual discharge.
Article 25: Polluting units that implement key management shall disclose their commitment letter, basic information, and proposed permit items to the public before submitting the application materials for pollutant discharge permits. The public channels should be selected, including the National Pollutant Discharge Permit Management Information Platform, which is easy for the public to know, and the public disclosure time should not be less than five working days.
Article 26: Polluting units shall fill out and submit their pollutant discharge permit applications on the National Pollutant Discharge Permit Management Information Platform, and at the same time submit written application materials printed through the National Pollutant Discharge Permit Management Information Platform to the issuing environmental protection department.
The application materials should include:
（1） The application form for a pollutant discharge permit mainly includes: basic information of the pollutant discharge unit, main production facilities, main products and production capacity, main raw and auxiliary materials, waste gas, wastewater and other production and discharge links, pollution prevention and control facilities, the location and quantity of the applied discharge outlets, the discharge method, the discharge destination, and the emission standards implemented according to the types, concentrations and amounts of pollutants applied for by the discharge outlets and production facilities or workshops;
（2） Self monitoring plan;
（3） A commitment letter signed or stamped by the legal representative or main person in charge of the polluting unit;
（4） Explanation on the Standardization of Pollutant Discharge Outlets by Polluting Units;
（5） Approval number for environmental impact assessment documents of construction projects, or relevant proof materials that have been lawfully processed, rectified and standardized by local people's governments in accordance with relevant national regulations and meet the requirements;
（6） Explanation of Information Disclosure before Application for Pollutant Discharge Permit;
（7） The operation and management unit of the centralized sewage treatment facility shall also provide materials such as the scope of pollutant discharge, the list of pollutant discharge units, the layout of the pipeline network, and the final discharge destination;
（8） If the pollutant discharge units of newly built, renovated, or expanded projects after the implementation of these measures have obtained the total emission control indicators of key pollutants through equivalent or reduced pollutant emissions, and the pollutant discharge units that have transferred the total emission control indicators of key pollutants have already obtained the pollutant discharge permit, they shall provide relevant materials on the completion of the change of the pollutant discharge permit of the pollutant discharge units that have transferred the total emission control indicators of key pollutants;
（9） Other materials required by laws, regulations, and rules.
If there are trade secrets involved in the registration of major production facilities, major product production capacity, etc., the polluting unit shall annotate them.
Article 27: After receiving the application materials submitted by the pollutant discharge unit, the issuing environmental protection department shall review the completeness and standardization of the materials and handle them according to the following situations:
（1） If it is not necessary to obtain a pollutant discharge permit according to these measures, the polluting unit shall be informed on the spot or within five working days that it does not need to apply for it;
（2） If it does not fall within the scope of the administrative authority, a decision not to accept it shall be made on the spot or within five working days, and the polluting unit shall be informed to apply to the department with issuing authority;
（3） If the application materials are incomplete or do not comply with the regulations, a notice shall be issued on the spot or within five working days, informing the polluting unit of all the materials that need to be supplemented. If they can be corrected on the spot, the polluting unit shall be allowed to make corrections on the spot;
（4） If the application materials are complete and comply with the regulations, or if the polluting unit submits all the supplementary application materials as required, it shall be accepted within the scope of the authority of this administrative organ.
The issuing environmental protection department shall make a decision on whether to accept or reject the application for the pollutant discharge permit on the National Pollutant Discharge Permit Management Information Platform, and at the same time issue an acceptance form or rejection notice stamped with the special seal of the administrative authority and dated to the pollutant discharge unit.
The issuing environmental protection department shall inform the polluting unit of the materials that need to be supplemented, but if it fails to inform within the prescribed time, it shall be deemed accepted from the date of receipt of the written application materials.
Article 28: If any of the following situations exist, the environmental protection department shall not issue a pollutant discharge permit:
（1） Located within areas prohibited by laws and regulations for construction;
（2） Belonging to the outdated production process equipment and products that are explicitly or immediately eliminated in the industrial policy catalog issued by the comprehensive macroeconomic regulation and control department of the State Council in conjunction with relevant departments of the State Council;
（3） Other circumstances that are not allowed by laws and regulations.
Article 29: Environmental protection departments shall review the application materials of polluting units and issue pollutant discharge permits to polluting units that meet the following conditions:
（1） Obtain approval opinions on environmental impact assessment documents for construction projects in accordance with the law, or provide relevant proof materials that have been lawfully processed, rectified, standardized, and meet the requirements by the local people's government in accordance with relevant regulations;
（2） The pollution prevention and control facilities or measures adopted have the ability to meet the permitted emission concentration requirements;
（3） The emission concentration complies with the provisions of Article 16 of these Measures, and the emission amount complies with the provisions of Article 17 of these Measures;
（4） The self-monitoring plan complies with relevant technical specifications;
（5） After the implementation of these measures, if the polluting units of newly built, renovated, or expanded projects have obtained the total control indicators for key pollutant emissions through equivalent or reduced pollutant emissions, the polluting units that have transferred the total control indicators for key pollutant emissions have completed the change of their pollutant discharge permit.
Article 30: If feasible pollution prevention and control technologies are adopted, or if pollution control technologies required by environmental impact assessment approval opinions are adopted by newly built, renovated, or expanded construction project polluting units, the issuing environmental protection department may consider that the pollution prevention and control facilities or measures adopted by the polluting units have the ability to meet the permitted emission concentration requirements.
If the situation does not meet the requirements of the preceding paragraph, the polluting unit may provide monitoring data to prove it. Monitoring data should be obtained through the use of monitoring equipment that complies with relevant national environmental monitoring, metrological certification regulations, and technical specifications; For the pollution control technology first adopted domestically, engineering test data should be provided to prove it.
The Ministry of Environmental Protection shall revise the feasible technical guidelines for pollution prevention and control in a timely manner based on the implementation of national pollutant discharge permits.
Article 31: The issuing environmental protection department shall make a decision on whether to grant the permit within 20 working days from the date of acceptance of the application. Within ten working days from the date of making the decision to approve the permit, the environmental protection department shall issue a pollutant discharge permit stamped with the seal of this administrative authority to the polluting unit.
If the environmental protection department is unable to make a decision within 20 working days, with the approval of the department head, an extension of 10 working days may be granted, and the reasons for the extension shall be communicated to the polluting unit.
If a hearing, inspection, testing, and expert review are required by law, the time required shall not be counted towards the deadline stipulated in this article. The issuing environmental protection department shall inform the polluting unit in writing of the required time.
Article 32: If the issuing environmental protection department makes a decision to grant a permit, it shall submit the review results to the National Pollutant Discharge Permit Management Information Platform and obtain a unified national pollutant discharge permit code.
If the environmental protection department makes a decision to approve the permit, the basic information, permit items, and commitment letter in the original and copy of the pollutant discharge permit shall be announced on the national pollutant discharge permit management information platform.
If the environmental protection department makes a decision not to grant a permit, it shall prepare a decision not to grant a permit, inform the polluting unit in writing of the reasons for not granting a permit, and the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law, and publish it on the National Pollutant Discharge Permit Management Information Platform.
Chapter 4 Implementation and Supervision
Article 33: It is prohibited to alter the pollutant discharge permit. It is prohibited to illegally transfer pollutant discharge permits through renting, lending, buying, selling, or other means. Polluting units shall hang the original pollutant discharge permit in a convenient location for public supervision within their production and business premises.
Article 34 Polluting units shall install or use monitoring equipment that complies with relevant national environmental monitoring and measurement certification regulations in accordance with the provisions of the pollutant discharge permit, maintain monitoring facilities in accordance with regulations, conduct self-monitoring, and keep original monitoring records.
Polluting units that implement key management of pollutant discharge permits shall install automatic monitoring equipment in accordance with the requirements of the pollutant discharge permit and connect it to the monitoring equipment of the environmental protection department.
For those who have not adopted feasible pollution prevention and control technologies, self-monitoring should be strengthened to evaluate the feasibility of meeting pollution prevention and control technology standards.
Article 35: Polluting units shall, in accordance with the requirements of the pollutant discharge permit regarding ledger records, record according to the characteristics of production and pollutant emissions, and record according to the discharge outlet or unorganized discharge source. The records mainly include the following contents:
（1） The operation status of major production facilities related to pollutant emissions; In case of abnormal situations, the reasons and measures taken should be recorded;
（2） Operation and management information of pollution prevention and control facilities; In case of abnormal situations, the reasons and measures taken should be recorded;
（3） Actual emission concentration and quantity of pollutants; In case of excessive emissions, the reasons for the excessive emissions and the measures taken should be recorded;
（4） Other information that should be recorded according to relevant technical specifications.
The retention period of ledger records shall not be less than three years.
Article 36 The actual emissions of pollutants shall be calculated separately according to the discharge outlets, production facilities or workshops for exhaust gas and sewage as stipulated in the pollutant discharge permit, and shall be calculated in the following methods and order:
（1） For those who install and use pollutant automatic monitoring equipment that complies with national regulations and monitoring standards in accordance with the law, the calculation shall be based on the pollutant automatic monitoring data;
（2） If it is not necessary to install automatic pollutant monitoring equipment according to law, the calculation shall be based on the manual monitoring data of pollutants that comply with national regulations and monitoring standards;
（3） If the calculation cannot be carried out according to the methods stipulated in the first and second items of this article, including the installation of pollutant automatic monitoring equipment that should have been installed according to law but has not been installed, or if the automatic monitoring equipment does not comply with regulations, it shall be calculated according to the production and discharge coefficient and material balance calculation method stipulated by the Ministry of Environmental Protection.
Article 37: Polluting units shall prepare a pollutant discharge permit execution report in accordance with the requirements of the pollutant discharge permit regarding the content and frequency of the execution report.
The implementation report of pollutant discharge permit includes annual implementation report, quarterly implementation report, and monthly implementation report.
Polluting units shall fill out and submit the annual implementation report of the pollutant discharge permit on the national pollutant discharge permit management information platform every year and make it public. At the same time, they shall submit a written implementation report printed through the national pollutant discharge permit management information platform to the issuing environmental protection department. The written execution report shall be signed or stamped by the legal representative or the main person in charge.
The quarterly and monthly execution reports shall include at least the following contents:
（1） Based on self-monitoring results, explain the actual emission concentration and quantity of pollutants, and analyze the determination of compliance;
（2） Explanation of excessive emissions by polluting units or abnormal pollution prevention and control facilities.
The annual execution report can replace the quarterly or monthly execution report and add the following content:
（1） Basic production information of polluting units;
（2） Operation status of pollution prevention and control facilities;
（3） Self-monitoring of execution status;
（4） Record the execution status of environmental management ledger;
（5） Information disclosure situation;
（6） Construction and operation of internal environmental management system in polluting units;
（7） Implementation status of other pollutant discharge permit regulations.
The main contents related to pollutant emissions in the environmental protection acceptance report of the completed construction project shall be recorded by the polluting unit in the annual execution report of the pollutant discharge permit in the year of completion of the project acceptance.
When a pollution accident occurs and the discharge occurs, the polluting unit shall report it in a timely manner in accordance with relevant laws, regulations and rules.
Article 38: Polluting units shall be responsible for the authenticity and completeness of the submitted ledger records, monitoring data, and execution reports, and shall accept supervision and inspection by the environmental protection authorities in accordance with the law.
Article 39 The competent department of environmental protection shall formulate a law enforcement plan, determine the focus of law enforcement supervision and inspection frequency based on the environmental credit records of the polluting units.
When the environmental protection authority supervises and inspects polluting units, it should focus on checking the implementation of the permit items stipulated in the pollutant discharge permit. Through law enforcement monitoring, verification of ledger records and automatic monitoring data, as well as other monitoring methods, verify the authenticity of pollution discharge data and execution reports, determine whether they comply with permitted emission concentrations and permitted emissions, and inspect the implementation of environmental management requirements.
The environmental protection authority shall record the time, content, results, and penalty decisions of on-site inspections on the National Pollutant Discharge Permit Management Information Platform, and publish regulatory and law enforcement information, as well as a list of pollutant discharge units without pollutant discharge permits and those that violate pollutant discharge permit regulations, on the National Pollutant Discharge Permit Management Information Platform in accordance with the law.
Article 40: The competent department of environmental protection may organize or entrust technical institutions to provide technical support for pollutant discharge permit management through government procurement of services.
Technical institutions shall be responsible for the technical reports submitted and shall not charge any fees to polluting units.
Article 41: The superior environmental protection department may supervise, inspect, and guide the issuance of pollutant discharge permits by subordinate environmental protection departments with issuing authority. If it is found to be in violation of the provisions of Article 49 of these Measures, the superior environmental protection department may revoke it in accordance with the law.
Article 42: Encourage the public, news media, etc. to supervise the pollution discharge behavior of polluting units. Polluting units shall promptly disclose relevant pollution information and consciously accept public supervision.
Citizens, legal persons, and other organizations have the right to report to the environmental protection authorities if they discover that polluting units have violated these measures.
The environmental protection department that accepts the report shall handle it in accordance with the law, provide feedback on the investigation results in accordance with relevant regulations, and keep the informant confidential.
Chapter 5: Change, Continuation, and Revocation
Article 43: If any of the following matters related to the pollutant discharge unit change during the validity period of the pollutant discharge permit, the pollutant discharge unit shall submit an application to the environmental protection department for changing the pollutant discharge permit within the prescribed time:
（1） Within thirty working days from the date of any change in the basic information stated in the original document, such as the name, address, legal representative, or main person in charge of the polluting unit;
（2） Within thirty working days prior to the date of change in permit items due to reasons of the polluting unit;
（3） If a pollutant discharge unit carries out a new construction, renovation, or expansion project within the original site and needs to conduct an environmental impact assessment, the pollutant discharge behavior shall be changed within 30 working days before the date of obtaining the approval opinion of the environmental impact assessment;
（4） Within thirty working days prior to the implementation of newly revised national and local pollutant emission standards;
（5） Within thirty working days after the total emission control indicators for key pollutants that have been lawfully decomposed and implemented change;
（6） Within thirty working days prior to the implementation of the deadline compliance plan formulated by the local people's government in accordance with the law;
（7） Within thirty working days after the implementation of the emergency plan for heavy pollution weather formulated by the local people's government in accordance with the law;
（8） Other circumstances that require changes as stipulated by laws and regulations.
If the situation specified in the third item of the first paragraph of this article occurs and the total emission control index of key pollutants is obtained by replacing the reduction with equal or reduced emissions of pollutants, the polluting unit that transferred the total emission control index of key pollutants shall complete the change of the pollutant discharge permit before submitting the application for changing the pollutant discharge permit.
Article 44: Those applying to change their pollutant discharge permit shall submit the following application materials:
（1） Application for Change of Pollutant Discharge Permit;
（2） A commitment letter signed or stamped by the legal representative or main person in charge of the polluting unit;
（3） Original and photocopy of pollutant discharge permit;
（4） Other materials related to the change of pollutant discharge permit matters.
Article 45: The issuing environmental protection department shall review the application materials for changes, and if a change decision is made, the change content shall be stated in the copy of the pollutant discharge permit and stamped with the seal of the administrative authority. At the same time, it shall be announced on the national pollutant discharge permit management information platform; If the situation falls under the first item of the first paragraph of Article 43 of these Measures, the original pollutant discharge permit shall also be issued.
If it falls under the circumstances specified in Article 43, Paragraph 1 of these Measures, the period of the pollutant discharge permit shall still be calculated from the date of issuance of the original certificate; For situations falling under the second paragraph of Article 43 of these Measures, the period of the amended pollutant discharge permit shall be calculated from the date of the amendment.
If the situation falls under the first item of the first paragraph of Article 43 of these Measures, the issuing environmental protection department shall make a change decision within ten working days from the date of accepting the change application; For other circumstances as stipulated in Article 43, Paragraph 1 of these Measures, a decision on the change permit shall be made within 20 working days from the date of accepting the change application.
Article 46: If a pollutant discharge unit needs to extend the validity period of the pollutant discharge permit obtained in accordance with the law, it shall apply to the original issuing environmental protection department 30 working days before the expiration of the pollutant discharge permit.
Article 47: Those who apply for the extension of their pollutant discharge permit shall submit the following materials:
（1） Application for renewal of pollutant discharge permit;
（2） A commitment letter signed or stamped by the legal representative or main person in charge of the polluting unit;
（3） Original and photocopy of pollutant discharge permit;
（4） Other materials related to the renewal of pollutant discharge permits.
Article 48: The issuing environmental protection department shall review the materials for the renewal application in accordance with Article 29 of these Measures, and make a decision on whether to renew or not to renew the permit within 20 working days from the date of acceptance of the renewal application.
If a decision is made to extend the permit, a pollutant discharge permit stamped with the seal of this administrative authority shall be issued to the polluting unit, and the original pollutant discharge permit shall be retrieved. At the same time, it shall be announced on the national pollutant discharge permit management information platform.
Article 49: In any of the following circumstances, the issuing environmental protection department or its superior administrative authority may revoke the pollutant discharge permit and announce it on the national pollutant discharge permit management information platform:
（1） Issuing pollutant discharge permits beyond the statutory authority;
（2） Violating the legal procedures for issuing pollutant discharge permits;
（3） Issuing pollution discharge permits by personnel of environmental protection departments who abuse their power or neglect their duties;
（4） Granting administrative licenses to applicants who do not have the qualifications to apply or do not meet the statutory conditions;
（5） Other circumstances where the pollutant discharge permit can be revoked according to law.
Article 50: In any of the following circumstances, the issuing environmental protection department shall handle the cancellation procedures of the pollutant discharge permit in accordance with the law and announce it on the national pollutant discharge permit management information platform:
（1） The validity period of the pollutant discharge permit has expired but has not been renewed;
（2） The polluting unit has been lawfully terminated;
（3） Other circumstances that should be cancelled.
Article 51: If a pollutant discharge permit is lost or damaged, the pollutant discharge unit shall apply to the issuing environmental protection department for a replacement pollutant discharge permit within 30 working days; For those who have lost their pollutant discharge permit, a statement of loss should be posted on the National Pollutant Discharge Permit Management Information Platform before applying for a replacement; If the pollutant discharge permit is damaged, the damaged pollutant discharge permit shall be returned at the same time.
The issuing environmental protection department shall reissue the pollutant discharge permit within ten working days after receiving the replacement application, and announce it on the national pollutant discharge permit management information platform.
Chapter 6 Legal Liability
Article 52 If the competent department of environmental protection commits any of the following acts in the acceptance, issuance, supervision and law enforcement of pollutant discharge permits, its superior administrative organ or supervisory organ shall order it to make corrections, and the directly responsible person in charge or other directly responsible personnel shall be given administrative sanctions in accordance with the law; If a crime is committed, criminal responsibility shall be pursued in accordance with the law:
（1） Those who meet the acceptance criteria but have not lawfully accepted the application;
（2） Failure to issue pollutant discharge permits in accordance with the law or failure to make a decision to approve the issuance of pollutant discharge permits within the statutory time limit for those who meet the permit conditions;
（3） Granting pollutant discharge permits to those who do not meet the permit conditions or issuing pollutant discharge permits beyond the statutory authority;
（4） Charging fees without authorization during the implementation of pollutant discharge permit management;
（5） Failure to disclose information related to pollutant discharge permits in accordance with the law;
（6） Failure to perform supervisory duties in accordance with the law or inadequate supervision, resulting in serious consequences;
（7） Other situations where responsibility should be pursued in accordance with the law.
Article 53: If a pollutant discharge unit conceals relevant information or provides false materials to apply for an administrative license, the environmental protection department shall not accept or issue the administrative license, and shall give a warning.
Article 54: Those who violate the provisions of Article 43 of these Measures by failing to apply for changes to their pollutant discharge permit in a timely manner; Those who violate the provisions of Article 51 of these Measures by failing to timely apply for a pollutant discharge permit shall be ordered to rectify by the issuing environmental protection department.
Article 55: If a key polluting unit fails to disclose or fails to truthfully disclose relevant environmental information in accordance with the law, the environmental protection department at or above the county level shall order it to disclose, impose a fine in accordance with the law, and make a public announcement.
Article 56: Anyone who violates Article 34 of these Measures and commits any of the following acts shall be ordered to rectify and fined not less than 20000 yuan but not more than 200000 yuan by the environmental protection department at or above the county level in accordance with the provisions of the Air Pollution Prevention and Control Law of the People's Republic of China and the Water Pollution Prevention and Control Law of the People's Republic of China; Those who refuse to make corrections shall be ordered to suspend production and rectify in accordance with the law
（1） Failure to monitor the industrial waste gas, toxic and harmful air pollutants, and water pollutants emitted in accordance with regulations, or failure to keep original monitoring records;
（2） Failure to install automatic monitoring equipment for air and water pollutants in accordance with regulations, or failure to connect with monitoring equipment from environmental protection authorities in accordance with regulations, or failure to ensure the normal operation of monitoring equipment.
Article 57: If a pollutant discharging unit discharges pollutants without a pollutant discharge permit, the environmental protection department at or above the county level shall, in accordance with the provisions of the "Air Pollution Prevention and Control Law of the People's Republic of China" and the "Water Pollution Prevention and Control Law of the People's Republic of China", order it to rectify or restrict production, suspend production and rectification, and impose a fine of not less than 100000 yuan but not more than 1 million yuan; If the circumstances are serious, with the approval of the people's government with approval authority, it shall be ordered to suspend business or close down:
（1） Those who are required by law to apply for a pollutant discharge permit but have not yet applied, or those who discharge pollutants without obtaining a pollutant discharge permit after applying;
（2） Failure to apply for renewal of the pollutant discharge permit after its expiration, or continuing to discharge pollutants without obtaining permission from the environmental protection department;
（3） Those who continue to discharge pollutants after their pollutant discharge permit has been revoked in accordance with the law;
（4） Other circumstances stipulated by laws and regulations.
Article 58: If a pollutant discharge unit violates its pollutant discharge permit, the environmental protection department at or above the county level shall, in accordance with the provisions of the Environmental Protection Law of the People's Republic of China, the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution, and the Law of the People's Republic of China on the Prevention and Control of Water Pollution, order it to rectify or restrict production, suspend production for rectification, and impose a fine of not less than 100000 yuan but not more than 1 million yuan; If the circumstances are serious, with the approval of the people's government with approval authority, it shall be ordered to suspend business or close down:
（1） Discharging water pollutants or air pollutants beyond the emission standards or the total emission control indicators for key air pollutants and key water pollutants;
（2） Emissions of atmospheric pollutants through illegal discharge, tampering or forgery of monitoring data, temporary shutdown for the purpose of evading on-site inspections, opening emergency discharge channels in non emergency situations, and abnormal operation of atmospheric pollution prevention and control facilities to evade supervision;
（3） Using seepage wells, seepage pits, cracks, caves, setting up hidden pipes, tampering with or falsifying monitoring data, or improperly operating water pollution prevention and control facilities to evade supervision and discharge water pollutants;
（4） Other violations of pollutant discharge permit regulations.
Article 59: If a pollutant discharging unit illegally discharges air pollutants or water pollutants and is fined or ordered to make corrections, the administrative authority that made the punishment decision in accordance with the law shall organize a re examination. If it is found that the unit continues to illegally discharge air pollutants or water pollutants or refuses or obstructs the re examination, the administrative authority that made the punishment decision may, starting from the day after the self punishment order for correction, impose consecutive penalties on a daily basis according to the original penalty amount in accordance with the law.
Article 60: If a pollutant discharge unit encounters abnormal situations as stipulated in Article 35, Paragraph 1, Items 2 and 3 or Article 37, Paragraph 4, Item 2 of these Measures, it shall promptly report to the environmental protection department for issuance, and take proactive measures to eliminate or mitigate the harmful consequences of the illegal behavior, the environmental protection department at or above the county level shall impose a lighter punishment in accordance with the relevant provisions of the Administrative Penalty Law of the People's Republic of China.
Polluting units shall record the situation in the first paragraph of this article in the corresponding quarterly or monthly execution report.
Chapter 7 Supplementary Provisions
Article 61: When issuing a pollutant discharge permit for the first time in accordance with these Measures, if any of the following situations exist for pollutant discharge units that have already been put into operation and operated before the implementation of these Measures, and the pollutant discharge unit promises to make corrections and proposes a correction plan, the competent environmental protection department may issue a pollutant discharge permit to them, record the problems they have in the pollutant discharge permit, and stipulate the promised correction content and deadline:
（1） New construction, renovation, and expansion projects before the implementation of these measures do not meet the conditions of Article 29, Paragraph 1 of these measures;
（2） Not meeting the second condition of Article 29 of these Measures.
For polluting units that do not meet the conditions of Article 29, Paragraph 1 of these Measures, the issuing environmental protection department shall, in accordance with Article 23 of the Regulations on the Management of Environmental Protection for Construction Projects, order them to make corrections within a specified period of time and impose fines.
For polluting units that do not meet the conditions of Article 29, Item 2 of these Measures, the issuing environmental protection department shall, in accordance with Article 99 of the Air Pollution Prevention and Control Law of the People's Republic of China or Article 83 of the Water Pollution Prevention and Control Law of the People's Republic of China, order them to rectify or restrict production, suspend production for rectification, and impose a fine.
The content of the environmental protection department's order for correction or the content of restricting production, production suspension and rectification stipulated in the second and third paragraphs of this article shall be consistent with the correction content stipulated in the pollutant discharge permit stipulated in the first paragraph of this article; The time limit for issuing environmental protection department orders to rectify or restrict production or production suspension for rectification as stipulated in the second and third paragraphs of this article shall be consistent with the start and end time of the rectification period stipulated in the pollutant discharge permit as stipulated in the first paragraph of this article.
The correction period for the pollutant discharge permit stipulated in the first paragraph of this article is three to six months, with a maximum of one year.
During the period of correction or restriction of production or suspension of production for rectification, polluting units shall discharge pollutants in accordance with the permit, implement self-monitoring, ledger recording, and reporting system, and the issuing environmental protection department shall strengthen supervision and inspection in accordance with the provisions of the pollutant discharge permit.
Article 62: If the correction period specified in the first paragraph of Article 61 of these Measures expires and the polluting unit completes the correction task or completes the correction task ahead of schedule, it may apply to the issuing environmental protection department to change the pollutant discharge permit. The issuing environmental protection department shall make changes to the pollutant discharge permit in accordance with the provisions of Chapter 5 of these Measures.
If the correction period stipulated in the first paragraph of Article 61 of these Measures expires and the polluting unit still does not meet the permit conditions, the issuing environmental protection department shall, in accordance with Article 99 of the Air Pollution Prevention and Control Law of the People's Republic of China, Article 83 of the Water Pollution Prevention and Control Law of the People's Republic of China, or Article 23 of the Regulations on the Management of Environmental Protection for Construction Projects, make a proposal and submit it to the people's government with approval authority for approval to order the suspension of business or closure, and cancel the pollutant discharge permit in accordance with Article 50 of these Measures.
Article 63: For pollutant discharge permits issued in accordance with local regulations before the implementation of these measures, if they are still valid, the original issuing environmental protection department shall fill in the data on the national pollutant discharge permit management information platform and obtain the pollutant discharge permit code; For those that have already expired, the polluting unit shall apply for a pollutant discharge permit in accordance with these measures.
Article 64: The format of the pollutant discharge permit stipulated in Article 12 of these Measures, the sample of the commitment letter stipulated in Article 20, and the format of the pollutant discharge permit application form stipulated in Article 26 of these Measures shall be formulated by the Ministry of Environmental Protection.
Article 65: The pollution discharge permit referred to in these Measures refers to the environmental management system in which the competent department of environmental protection, based on the application and commitment of the polluting unit, issues a pollution discharge permit in the form of a legal document, regulates and restricts pollution discharge behavior in accordance with laws and regulations, clarifies environmental management requirements, and implements supervision and law enforcement on the polluting unit based on the pollution discharge permit.
Article 66: The main person in charge referred to in these Measures refers to the person in charge who exercises powers on behalf of an unincorporated unit in accordance with laws and administrative regulations.
Article 67: Polluting units involving state secrets shall apply for, accept, review, issue, change, extend, cancel, revoke, or reissue their pollutant discharge permits in accordance with confidentiality regulations.
Article 68: These Measures shall come into effect from the date of their promulgation.
CN